LIBRARY OF CONGRESS, 

Chap., Copyright No. 



Shelf. 



■..Ii.1 



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UNITED STATES OF AMERICA. 



INDIANA 



ELECTION LAWS 

(CONIFTvETE.) 



REPRINTED FROM 



Burns' Annotated Statutes 

OF THE 

STATE OF INDIANA. 

(APPROVED BY THE SUPREME COURT.) 
BY EXCLUSIVE ARRANGEMENT WITH THE 

BOWEN-MERRILL COMPANY, 

LAW BOOK PUBLISHERS, 
INDIANAPOLIS. 



f> 



%1 



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THESE LAWS BEAR THE SAME SECTION NUMBERS AS THE COMPLETE 

WORK FROM WHICH THEY ARE REPRINTED, TOGETHER 

WITH A DIGEST UNDER EACH SECTION OF THE 

JUDICIAL DECISIONS PERTAINING THERETO. 






Indianapolis: 

Journal Job Printing Company, 

126, i28'& 130 W. Maryland St. 

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Entered according to an Act of Congress in the year 13S6, by 

The Bowbn-MerrilIj Company, 

In the Offlce of the Librarian of Congress at Washington, D, 0. 



PRESS AWD BINDERY OP THE 

JOURNAL JOB PRINTING CO., 

INDIANAPOLIS. 



ADVERTISEMENT. 



The following pages contain the Indiana Election Laws, full and com- 
"^lete. They are an exact reproduction of all Election Law contained in 
the last Revised Statutes of the State of Indiana, and are up to date. 
They include the duties of the State, County, Town and Municipal 
Boards ; crimes and penalties for election violations ; together with Na- 
tional and State constitutional provisions pertaining to elections, with 
full and complete index. Also the instructions to voters and election 
officers, issued by the committee appointed for that purpose in 1894. 



EXPLANATION. 



The index of this work is by section numbers. The section numbers 
correspond with those in the latest Revised Statutes, and are therefore not 
continuous. Following these section numbers, is given, in ordinary 
figures, the section number of the revision of 1881, if the section is a 
part of that revision. The section number preceded by E. S., refers to 
Elliott's Supplement. Following the section head-lines there is given, in 
ordinary figures, the original number of the section of each act as a 
means of readily referring to the various statutes in the place where they 
first appear, and to assjst in identifying the statutes as referred to in the 
published court decisions. 

In the insertion of statutes, the merely formal matters, such as the 
title and enacting clauses, are omitted. Emergency clauses are also 
omitted, but the date of the taking effect of each act is given. 

All statutes expressly repealed have been omitted, and where a section 
has been amended, the new section is inserted in the place of the old one, 
with a reference to the amending act. 

(iii) 



NOTE. 



The following abbreviations are used in the citation of cases : Blkf., 
Blackford's Keports ; Jnd., Indiana Supreme Court Reports; App., 
Indiana Appellate Court Reports ; Ell., Elliott's Supplement. 



\ 



(iv) 



INSTRUCTIONS 



-TO- 



Voters and Election Officers 



Messrs. Gowdy and Taggart: 

Chairmen — Haviag been appointed by you as a committee to consider certain 
matters arising under the amended election law, we report that our opinion as to 
the proper construction of the law on the several points referred to us is as fol- 
lows, and the forms requested are hereunto appended. 



Committee of 1894. 



We concur in and agree to abide by this report. 



R. O. HAWKINS, 
WM. L. TAYLOR, 
JACOB P. DUNN, 
WM. W. SPENCER, 
LEON O BAILEY, 
F. WINTER. 



T. TAGGART, 



Chairman Democratic State Committee. 

JOHN K. GOWDY, 
Chairman Republican State Committee. 

ELECTION— WHERE HELD. » 

The polling place in each precinct must be designated by the Board of County 
Commissioners at their June term, next preceding the election; but, if from any 
absolute unavoidable circumstance, this can not be done, the Election Board 
should meet at, or as nearly as possible at, the place designated by said County 
Board of Commissioners, and there organi^^e and then adjourn to the place nearest 
the one selected by the County Commissioners, which may be found. In such 
cases, care should be taken that no voter lose his vote by this change, and, if 
necessary, some person or persons should be stationed at the point designated by 
the County Commissioners, whose duty it shall be to notify voters of the change 
in the voting place. 

CHUTE. 

In constructing the chute, and in enforcing the provision that no person shall 
remain within fifty feet of the challenge window, regard should be had to the 
purpose of the statute. Passage along the highway should not be unduly ob- 
structed. Persons passing or being within fifty feet for manifestly necessary 
and lawful purposes should not be hindered or molested. 

INSTRUCTIONS TO VOTERS 

We recommend the following instructions to voters, required by Section 85 to 
be printed on the cards which are to be posted at the polls as sufficient to meet 
the requirements of the law: 

First. You must get your ballots of the polling clerks in the election room. 

Second. If you want to vote a straight ticket, stamp within the large square at 
the head of the ticket containing the device of the party for whose candidates 



VI INSTRUCTIONS TO VOTERS 

you wish to vote. If you do not wish to vote a straight ticket you must not 
stamp the large square containini^ the device of your party, but you must stamp 
the small square to the left of the name of each candidate for whom you desire 
to vote, on whatever list of candidates it may be. If the large square at the 
head of the ticket is stamped, and the ballot is stamped at any other place, it is 
void and can not be counted, unless there be no candidate for some office in the, 
list printed under such stamped device, in which case he may indicate his choice 
for such office by stamping the square to the left of the name of any candidate 
fdr such office on any other list. The stamp must be placed within or on the 
square or the ballot is void and can not be counted. 

Third. Do not mutilate your ballot, or mark it either by scratching a name off 
or writing one on, or in any other way, e:lcept by the stamping on the square or 
squares, as before mentioned. Otherwise the ballot will not be counted. 

Fourth. After stamping > our ballots, and before leaving the booth, fold them 
separately, so that the face of them can not be seen and so that the initial letters 
of the names of the polling clerks on the back: thereof can be seen. Then hand 
your ballots to the inspector, the stamp to the polling clerk, and leave the room. 

Fifth. If you are physically unable to stamp your ballots, or cannot read Eng- 
lish, so inform the polling clerks and tell them how you wish to vote and they 
will stamp your ballots for you. But the voter and clerks should not permit any 
other person to hear or see how the ballots are stamped. 

Sixth. If you should accidentally or by mistake deface, mutilate or spoil your 
ballot, return it to the poll clerks and get a new ballot. 

[Insert Sections 43, 60, 55, 56, 59 and 60 in full.] 

SAMPLE BALLOTS. 

The sample State and local poster ballots, provided for by Section 35 of the 
statute, Acts of 1889, page 174, three of which are to be posted by the Inspector, 
in and about each polling place, should be printed in large type, each on a sheet 
of paper about 25x38 inches in size. The sample State ballot will be prepared by 
the State Board of Election Commissioners and enclosed in the package of State 
ballots for each precinct. They will be printed on yellow paper, and will have 
printed thereon the v/ords, "Sample Ballot. Genuine State ballot is on red paper." 

The sample local ballot should be prepared by the County Board of Election 
Commissioners, and enclosed in the package of local ballots for each precinct of 
the county. The sample local ballots should be printed on blue paper, and should 
have printed thereon the words, "Sample Ballot. Genuine local ballot is on 
white paper." The sample township ballot should be prepared by the County 
Board of Election Commissioners, and enclosed in package of township ballots 
for each precinct of the county. The sample township ballot should be printed 
on brown paper, and should have printed thereon the words, "Sample Ballot. 
Genuine township ballot is on yellow paper." 

If deemed desirable by committees of political parties or by candidates, for the 
purpose of the instruction of voters, ballots conforming to the above description 
of sample ballots may 1 e printed of aj;iy size, on green, blue and brown paper, 
respectively, and posted up or circulated by such committees or candidates at 
any time during the political canvass. 

BALLOT BOXES. 

The Board of Commissioners of each county provide at the expense of the 
county three ballot boxes, one painted red, for the reception of the State ballots; 
one painted white, for the reception of the local ballots; and one painted yellow, 
for the reception of the township ballots (Sec. 10), and also Section 2, Acts 1893, 
page 192. Said Board of Commissioners delivers all the ballot boxes and all the 
election paraphernalia, except the ballots, to the place where the election is held, 
prior to the day of election. 

HOW TO STAMP A TICKET. 

Each party emblem or device is enclosed in a square at the top of each list of 
candidates. To vote a straight ticket stamp this square and nowhere else. To 
vote a scratched ticket do not stamp in the large square at the head of the list, 
but stamp in the small square to the left of the name of each man you wish to 
vote for, and nowhere else. A stamp that touches a square must be counted as 
being on the square. A stamp that touches no square is a distinguishing mark 



AND ELECTION OFFICERS. Vll 

and makes the whole ballot void. If a large square enclosing a device is stamped, 
a stamp anywhere else on the ballot makes it void and it must not be counted, 
unless on the ticket so stamped at the head there is a blank where the name of 
a candidate might have been inserted, in which event the voter may stamp the 
square to the left of some name for that office, and such ballot should be counted. 
(Sec. 45). 

In case there are two or more persons to be elected to the same office, as in 
the case of Senators and Representatives in the Legislature, Judges of the Supe- 
rior Court, Justices of the Peace, etc., if the name of one or more, but less than 
all, of such persons for a particular office are stamped on one or more of the 
tickets, the ballot must be counted for the persons whose names are so stamped; 
but if in such case the names of more persons than are to be elected to the par- 
ticular office are stamped on any ballot such ballot can not be counted for any 
person for that office, for the reason that it can not be determined which of the 
right number to be elected were intended to be voted for, but the ballot is valid 
and must be counted for the candidates for other offices as to whom it is properly 
stamped. (Sec. 52 and Sec. 4706, Revised Statutes, 1881.) 

NOMINATION OF TOWNSHIP CANDIDATES. 

The nomination of candidates for township offices must be certified to the 
County Clerk in the same manner that nominations for county officers are certi- 
fied. 

In case of primary elections in townships having no township committee the 
nominations should be certified by the chairman and secretary of the county 
committee of the county in which such township is situated. 

The certificates showing these nominations must be, by the County Clerk, laid 
before the County Board of Election Commissioners, and upon this authority said 
Board must cause the names of such township candidates to be printed upon an 
official township ballot, and upon yellow paper, and in the same manner that the 
names of candidates for county offices are printed upon official local ballots. 
Such is the provision of the statute of 1893 in relation to the election of township 
officers, when considered together with the provision of the general election law 
which governs in such matters. 

The certificates of nomination of township candidates must be filed with the 
County Clerk not more than sixty and not less than fifteen days before the day of 
election, the time prescribed by law for the filing of certificates of nomination for 
county offices. (Sec. 18.) 

PASTEH TICKETS. 

The law permits the use of complete pasters, by which is meant a complete 
ticket pasted on the ballot by the voter without the knowledge of the Board, in 
accordance with Section 10 of the election law of 1891. If such a ballot be found 
in the box, the Board should carefully examine Section 46 of the law, and if it 
does not comply with the provisions of that section, the ballot is void and should 
not be counted. 

WATCHERS. 

No watchers are to be allowed in the election room, either during the voting or 
during the count. No person other than the members of the Election Board, 
Poll Clerks and Election Sheriffs, if any be appointed, can be permitted in the 
election room during the canvass of the votes, or during the election, except for 
the purpose of voting. 

INSPECTORS. 

An Inspector must have been a freeholder and resident householder of the 
precinct for one year, or a resident householder for two years. He must not 
have any bets on the election, or be within prohibited degrees of relationship to 
any candidate to be voted for. (Sees. 3, 4 and 7.) 

Not more than three and not less than two days before the election the Inspec- 
tor, or the Judge authorized by him, must be at the Clerk's office and receive the 
the ballots for his precinct. (Sees. 33, 36 and 37.) Before going he should inform 
himself as to whether the vote in his precinct has increased fifty per cent, since 
the last Presidential election. He will receive ten local ballots for each five 
voters in his precinct, which must be counted, wrapped and sealed in his pres- 
ence. He will also receive ten township ballots for each five voters of his pre- 
cinct, which must be counted, wrapped and sealed in his presence. He will also 
receive a sealed package containing the State ballots and the stamps for bis pre- 



Vlll INSTRUCTIONS TO VOTERS 

cinct. He will also receive cards with printed instructions for voters, twelve in 
each language in which they are printed. He should also receive three sample 
ballots for the State, and three, for the local, and three for the township ballots. 
All these must be carefully guarded and preserved. (Sees. 33 and 35.) If by any 
accident they should be lost or destroyed he must report at once to the County 
Board of Election Commissioners and obtain a new supply. (Sees. 29 and 38.) 

Appointing Judges, —Prior to opening the polls the Inspector must appoint two 
judges from the leading political parties. (Sec. 4.) The Chairman of the Demo- 
cratic and Republican County Committees may name the Judges, but must do so 
at least one week before the election. (Sec. 3.) If any member of an election 
board shall fail to appear at the hour appointed for the opening of the polls, the 
remainder of the board shall select a member of his political party to serve in his 
stead. The qualified electors of his party present at the polls may nominate a 
a qualified person for such vacancy and such nominee shall be appointed. If none 
of the members of the election board appear at the hour appointed for the open- 
ing of the polls, the qualified electors present shall elect a board vive voce as 
nearly as possible in conformity with the above provisions. (Sec. 4.) 

Posting Directions — The Inspector should be at the polling place shortly before 
6 o'clock and post the instruction cards and sample ballots. One of each kind of 
cards and sample ballots must be posted in each booth and one of each kind at 
the outer end of the chute. Three of each kind of cards and three sample ballots 
should be posted about the polls beyond the fifty-foot limit. (Sec. 35.) 

Taking Oaths.— If no person is present at the polling place on the morning of 
election authorized to administer oaths, the Inspector administers the oath to 
the Judges, then one of the judges administers the oath to the Inspector. Blank 
forms of oaths are among the election papers. (Sees. 7, 8, 67, 58.) 

Opening Ballot Packages — The Inspector opens the ballot packages in the 
presence of the Board by cutting the string and leaving the seals unbroken. He 
delivers twenty-five of each of the State, local and township ballots to the Poll 
Clerk of the party opposing his own, and the stamps to the other Clerk, who has 
charge of the same. As soon as a ballot has been delivered by the Poll Clerk to a 
voter, the Inspector must deliver another ballot to the same Poll Clerk, so that, 
at all times, the Poll Clerk should have twenty- five of each of the State, local and 
township ballots before him. 

Chairman of Board — The Inspector acts as Chairman of Board (Sec. 9) and 
must announce the opening and closing of the polls. (Sees. 12 and 14) . His duties, 
as member of Board, are set forth hereinafter under the head of " Election Board." 

Custodian of Papers. — At the close of the canvass, the Inspector must take 
charge of the sealed bag containing all affidavits made ; all protested, disputed or 
defective ballots, with the seals of the ballot packages-, one of the lists of voters 
kept by the Poll Clerks, and one of each of the State, local and township tally 
papers. For further particulars as to how these packages shall be sealed and 
where they are to be delivered, see under the head of "Disposition of Papers," 
as set forth under the sub-head of '' Election Boards," 

ELECTION JUDGES. 

Election Judges have no duties except as .members of the Election Board, 
which see. 

POLL CLERKS. 

Poll Clerks must be qualified voters of the precinct and taken from the two 
leading parties. They may be nominated by the respective County Committees 
four days prior to the election. (Sec. 6). But if not, they must be selected and 
appointed by the Board of Election, one from each of the two leading parties. 
(Sec. 5.) 

Oath of Office.— The first duty of the Poll Clerk is to take the oath of office. 
(Sec. 9.) 

Pasters. — On receiving ballots from the Inspector, the Poll Clerks must place 
all necessary pasters on them in their proper places, when a candidate has been 
properly named to fill a vacancy occasioned by'the death, removal or resignation 
of any candidate after the tickets have been printed. (Sec. 27.) 

Initials on Ballots. — The Poll Clerks must place their initials, in ink, on the 
upper right hand corner of the back of each ballot immediately upon receiving 
the ballots from the Inspector. (Sec. 34.) This must be done in the ordinary 



AND ELECTION OFFICERS. IX 

hand writing without any distinguishing marks. (Sec. 34.) Twenty-five ballots 
must be kept ready for delivery to the voters, and the one first signed must be 
first delivered. Placing any mark on the ballot by which it may afterward be 
signaled out, is a penal offense. (Sees. 60 and 61.) 

The Yoter and Poll Clerks. — On entering the election room, the voter an- 
nounces his name to the Poll Clerks, who, at once, register it. Then they furnish 
him with ballots and a stamp, and, on request, explain to him the manner of vot- 
ing. This explanation must be made in the presence of the whole Board. If nec- 
essary, the Board may call an interpreter. (Sec. 45.) The voter, after stamping 
and properly filling his ballot in the booth, must return the stamp to the Poll 
Clerk from whom he received it, and deliver his ballot to the Inspector. In no 
event shall the voter be allowed to remain in the booth more than five minutes. 
When his ballot is deposited in the ballot-box, the Poll Clerks must write the word 
"voted" after his name on the poll list. (Sec. 45.) If the elector declares that, 
on account of physical disability or inability to read English, he can not stamp 
his ballot, the Poll Clerks must do so for him in the presence of each other and of 
such voter, and, on request, must read over the names of the candidates as marked. 
It is a felony for a Poll Clerk to deceive any elector in selecting or stamping his 
ballot. (Sec. 48.) If the voter accidently, or by mistake, spoils, mutilates or de- 
faces his ballot, the Poll Clerks must give him another and have him destroy the 
first in the presence of the Board (Sec. 47), and they must make a minute of the 
fact on the poll list at the time. If the voter discloses how he has stamped his 
ballot it must be rejected, and the Poll Clerks must make a minute of the fact on 
the poll list. (Sec. 45.) 

Protested Ballots. — At the close of the canvass the Poll Clerks must make mem- 
oranda on the tally sheets of the disputed and protested ballots. It is intended by 
the law that there should be a separate memorandum for each ballot, specifying 
the objeotions to it. It will, therefore, be necessary to number the protested bal- 
lots so that the objections maybe referred to the proper ones by number. (Sec. 52.) 

ELiECTION SHERIFFS. 

The County Sheriff must appoint two special deputies as Election Sheriffs for 
each precinct; one from each of the two leading political parties. The chairman 
of each of such political parties may, five days prior to the election, designate 
an Election Sheriff for each precinct, and if the person so appointed fails to ap- 
pear the member or members of the Election Board of his political party shall 
appoint a person to act in his place. CSec. 15.) 

Attendance.— The Election Sheriffs must be at the polls when they open, and 
remain until the count is concluded. (Sec. 15.) 

Arrests. — They must make arrests on the demand of any member of the Board 
(Sees. 15 and 45), and also on affidavit made before the inspector by any qualified 
voter that any person who has voted is not a legal voter. Persons thus arrested 
by Election Sheriffs should be promptly delivered by them to the nearest magis- 
trate or court, where their cause may be speedily heard, and, if their offense be 
bailable, a bond may be given (Sec. 42.) In general, the Sheriffs must follow the 
directions of the Election Board. 

Toter and Sheriflfs. — It is the duty of Election Sheriffs to see that no more than 
three voters are permitted in the election room at the same time, and that all other 
persons are kept away for a distance of fifty feet. They should also assist infirm 
or decrepit people through the chute to and from the election room. 

CHALLENGERS AND POLL BOOK HOLDERS. 

One challenger and .one poll book holder, appointed in writing by the local 
chairman of each party organization, are entitled to stand at the sides of the chute 
next the challenge window. (Sec. 15 and 41.) 

Causes for Challenge. — Under a decision of the Supreme Court of Indiana, the 
provision with reference to registration has been held unconstitutional, and, there- 
fore, this is not a cause for challenge. The following are the only causes for 
challenge: Bribery, buying votes, advising bribery, advising buying votes, sell- 
ing one's vote or offering to sell one's vote, not having been a resident of the 
United States for one year or of the State six months, or of the township sixty 
days, or of the precinct thirty days immediately preceding the day of election, or 
being of foreign birth, not having been naturalized, or being less than twenty-one 



X INSTRUCTIONS TO VOTERS 

years of age. (Sec. 41.) The naturalization of the parent whose children, on the 
parent's arrival in this country, were minors, naturalizes the minor children. 

Mode of Challengiag — When a person is challenged he must stand aside, and 
can not vote unless he makes an affidavit that he is a legal voter. If he makes 
such affidavit, he is entitled to vote, unless the challenger or some other person 
makes affidavit that he is not a legal voter. The affidavit may be made on infor- 
mation or belief, but, if so, the person or persons who furnished the information 
must be named in the affidavit. The voter must then bring a qualified voter of 
the precinct as a witness, who must swear that of his own knowledge the claimant 
is a legal voter. Any false statement in any of these affidavits constitutes the 
crime of perjury. (Sees. 41 and 43.) 

ELECTION BOARDS. 

Election Boards are composed of an Inspector and two Judges representing 
the two leadmg political parties. (Sees. 3 and 4.) No person other than these 
three has any voice in determining any question arising for the Board's decision. 

Nomination of Poll Clerks — The first duty of Election Boards is the appoint- 
ment of Poll Clerks, who must be qualified electors of the precinct and represent- 
atives of the two leading parties. If nominations have been made by the chair- 
men of these two parties, such nominees must be appointed. (Sec. 5.) 

Oath of OfiBce.— The next duty is taking the oath of office, in accordance with 
Sections 7, 8, 57 and 58. The law requires the Inspector and Judges to be qual- 
ified on the morning of election. If no person is present at the polling place 
authorized to administer oaths, the Inspector administers the oath to the two 
Judges and then one of the Judges administers the oath to the Inspector. The 
Inspector administers the oath to the two Polling Clerks. The Inspector then 
reads to the Judges Sections 57 and 58, and ep.ch member of the Election Board 
shall take an oath, as provided in Section 7. 

ProYiding Ballots and Furniture.— In case, for any reason, the ballots or any 
necessary furniture for election be not on hand at the opening of the polls, the 
Board must supply them as speedily as possible. Ballots should be obtained from 
the person who was intrusted to bring them to the polling places, if possible; if 
not, then at the County Clerk's office; and if that be impracticable, the board 
must have them printed. (Sec. 38.) 

Opening Ballot Packages.— After the organization of the Board the ballot 
packages must be opened by the Inspector in the presence of the Board without 
breaking the seals — in other words, cut the string and leave the seals on them. 
(Sec. 34.) The seals must be preserved and returned with the protested ballots. 
(Sec. 52.) 

Opening the Polls. — When these duties have been performed and the Pol 
Clerks have marked their initials on the upper right hand corner of twenty- five 
State, local and township ballots (Sec. 34), the Inspector will, at the time of open- 
ing the polls, announce that the polls are opened. 

In all cities and incorporated towns having a population of one thousand or 
more, and in precincts where the Board of County Commissioners at its June 
session preceding the election shall have so ordered upon the petition of twenty 
legal voters and householders, the poll shall be opened at 6 o'clock a. m. In all 
other precincts the polls shall be opened at 8 a.m. (Sees. 12 and 14.) 

Ballot Boxes, — The ballot boxes must be opened and examined prior to an- 
nouncing that the polls are opened. One key must be retained by the Inspector 
and the other key given to the Judge of the opposite politics to the Inspector. 
(Sec. 11.) 

Right of Election Board to Challenge.— The right of any person offering to vote 
may be challenged by either challenger present or any member of the Election 
Board. (Sec. 41.) 

Interpreters. — By unanimous consent of the Board an interpreter may be 
called to aid in instructing a voter (Sec. 45), but the interpreter has no right to 
stamp a ticket or see it stamped. 

Balloting. — The Board has general supervision of the balloting and should 
not permit any violation of the law in its presence without the immediate arrest 
of the offender. No ballot may be put in the box by the Inspector if the manner 
in which it has been stamped has been shown to any person (Sec. 45) , or mutilat- 



AND ELECTION OFFICERS. XI 

ed, marked or defaced or if the initials of the Poll Clerks do not appear on it. 
(Sec. 49.) 

Closing Polls.— The polls must not be kept open after 6 o'clock p. m., and must 
not be closed before 6 o'clock p. m., except that, by the unanimous consent of the 
entire Board, they may be closed after 4 o'clock: Provided, all the electors shall 
have voted, or fifteen minutes shall have elapsed without a vote having been 
tendered (Sec. 12). It is provided j further, that in cities haYing a population of 
one thousand or more the polls must be kept open until 6 o'clock p. m. The law 
does not permit the polls to remain open after 6 o'clock p. M., and no voter can 
be permitted to enter the room after that hour, but in case a voter has entered 
but has not voted when the hour of 6 arrives, his vote should be accepted. Upon 
the closing of the polls the Inspector must make a proclamation thereof, and a 
minute thereof of the time must be entered by the Clerks on the tally papers. 

Destruction of Unyoted Ballots*— Immediately on closing the polls the Board 
shall count the ballots. State, local and township, remaining unvoted, record the 
number of the same on the tally sheet, and destroy all such ballots by totally 
consuming by fire. (Sec. 61.) 

CanTassingthe Votes. — The Board must proceed first to canvass the State bal- 
lots; second, to canvass the local ballots; and third, to canvass the township bal- 
lots. There appears no reason why the ballots should not be separated into 
^'straight" and "scratched" when taken from the box, as is ordinarily done to 
facilitate counting. If any ballots are found to be mutilated, defaced or marked 
BO that they can be identified, they must not be counted (Sec. 62), but Election 
Boards should not adhere to such a severe construction of the law as will deprive 
innocent and honest voters of their rights, and, in determining the intention of 
the voter, a careful but common sense discretion should be exercised. Instances 
may arise where ink from the stamp used by the voter, not being sufficiently dry 
may leave a slight mark or blur in folding the ballot; or finger marks from a 
greasy or soiled hand may be unintentionally left upon the ballot. In such case, 
if the Board, after a careful examination, is convinced that such marks were ac- 
cidentally and not intentionally or corruptly made, the ballot should be counted. 
If the initials are in the upper left-hand corner instead of the upper right-hand 
corner, as required by law, and this clearly appears to have been an honest and 
unintentional mistake of the Poll Clerks, the ballot should nevertheless be 
counted. (Parvin v. Wimberg, 130 Ind. 561.) No ballot should be counted, 
however, if the intention of the voter is not indicated by the stamp 
mark and in the exact manner provided by the Statute. (Sees. 52 and 62.) The 
unprotested ballots should be strung on a twine as fast as they are counted (Acts 
of 1885, page 163) and totally destroyed by fire as soon as the count has been 
completed and the certificates made up. A ballot that is disputed must be pre- 
served and returned to the County Clerk's office in the proper package, unless 
the Board finally and unanimously agree that it should be counted, in which case 
it should be tallied and destroyed as other undisputed ballots, or unless the Board 
finally and unanimously agree that it should not be counted, in which case it 
should not be counted, but, though not protested or disputed^ must be preserved 
with other marked, mutilated or defective ballots, and put m the package with 
those which are disputed or protested. As to numbering and keeping a memo- 
randum of protested votes, see under "Duties of Poll Clerks." 

Ballot in Wrong Box. — If the Inspector, by mistake or intention, deposits 
genuine ballots in the wrong box, putting State ballots in the local box, or local 
ballots in the State box, such ballots should be counted. (Decision of the Su- 
preme Court of Indiana in the case of Parvin v. Wimberg, 130 Ind. 661.) 

Close of the Count. — The Board must canvass the ballots, and after such can- 
vass has been completed the result must be recorded on the tally sheets, and sep- 
arate certificates made of the number of votes for each candidate upon the 
ballots. State, local and township, over the signatures of all the members of the 
Board. 

The Board must then burn all the voted ballots. State, local and township, ex- 
cept those protested, disputed or defective, and make separate memoranda of the 
number of votes cast for each candidate, a copy of which must be delivered to 
each member of the Board. 

The disputed, protested or defective ballots must be preserved and returned to 
the County Clerk's office in the sealed bags. 

A paper sack is provided in which the seals of the ballot packages and all the 



XU INSTRUCTIONS TO VOTEES 

disputed, protested or defective ballots shall be- placed, and this paper bag, when 
sealed, must be delivered to the County Clerk. 

Effect of Protest, — A protest does not, in any sense, mean that the ballot shall 
not be counted. It must be counted, notwithstanding the protest, if a majority 
of the Board so decide, and the only persons to decide are the Inspector and the 
two Judges. 

Prohibited Acts. — It is punishable by fine and imprisonment for any election 
officer to electioneer (Sec. 60) ; to mark any ticket, or endeavor to ascertain how 
it is stamped, to permit any ballots to be taken away (Sec. 31) ; or permit any 
ballots to be opened, removed or destroyed (Sec. 54) ; to disclose how any voter 
has voted (Sec. 60) ; to mayk or mutilate any ballots (Act 1891, p. 133) ; or to neg- 
lect to perform any duty, or in any way violate the election laws (Sec. 61). 

It is punishable with fine and imprisonment for any person to remove any bal- 
lot or stamp from the election room, or even to have a genuine ballot in his pos- 
session (Sees. 82 and 50) ; to counterfeit (Sec. 5?) or tamper with the ballots (Sec. 
54); to remove or destroy any election supplies or conveniences (Sec. 59); to 
wrongfully enter the election room (Sec. 55) ; or to induce or attempt to induce 
any elector to mark or mutilate his ballot (Sec. 56) ; or induce or attempt to in- 
duce any election officer to violate his duty (Sec. 58). 

Meals. — The election Board of each precinct must be furnished with good, plain 
and substantial meals, at the regular hours for meals, during election day and un- 
til the count is finished, but no spirituous, vinous or fermented liquors shall be 
furnished. The Inspector of the Election Board should see that these meals are 
provided. (Sec. 4709.) The election officers of each Election Board who are en- 
titled to receive meals are the Inspector, two Judges, the two Poll Clerks and the 
two Sheriffs, and no others. The Inspector should also see that the room is com- 
fortable, such as fui'nishing fuel and lights. j 

Disposition of Papers. The various papers and documents used by the Board 

must be disposed as follows: 

(a) The count being completed, the Board must place in a paper bag or en- 
velope, to be furnished for that purpose, all affidavits made and taken during the 
progress of the election, which bag or envelope must be securely sealed by the 
Board. Each member of the board (Inspector and two Judges) must indorse his 
name on the back of such bag or envelope, which must be directed to the Clerk of 
the county, to whom the Inspector must deliver such bag or envelope within three 
days after the day of election. (Sec. 63.) 

(6) All protested, disputed or defective State, local and township ballots pre- 
served from destruction must be put in another bag furnished for that purpose, 
together with the seals of the ballot packages, in the same condition as they were 
when the packages were opened at the beginning of the election. The Inspector 
must seal this bag with wax and indorse thereon the number of ballots therein, 
and the condition of the seals of the ballot packages, with the name of the town- 
ship and the number of precincts, and such Inspector shall deliver the same at 
the earliest possible period to the Clerk of the county. (Sec. 52.) 

(c) In a third bag must be placed one of the lists of voters kept by the Poll 
Clerk, and one State, one local and one township tally sheet, which bag must be 
tightly closed and sealed with wax by the Inspector in the presence of the Judges, 
and the Inspector must deliver the same to the County Clerk on or before 10 
o'clock A. M. on the Thursday next succeeding the day of election, and make the 
affidavit required by Section 1713 of the Revised Statutes of 1881. 

(d) The certificate of the result of the election, with the remaining tally 
sheets and poll list, must be deposited with the Inspector, or with one of the 
Judges selected by the Board of Judges (Sees. 4712 and 4715), who must have the 
same at the Court House on or before 10 o'clock A. M. on the Thursday next suc- 
ceeding the day of election, to take part in the general canvass of the votes. 
(Sec. 4715.) In no event should the Inspector or Judge, who has been selected 
as custodian of these outside papers, part with their possession or permit them 
to be changed, handled or mutilated. (Sec. 4713.) 

(e) The certificate of the result of the election of township officers, together 
with one of the township tally sheets, and the poll list retained by the Inspector, 
should be taken by him to the office of the Township Trustee at 10 o'clock a. m. 
on the Wednesday next succeeding the day of election, these to be used in the 
canvass of the vote for township officers. The poll-list being the same which is 
to be used by such Inspector at the canvass to be made on the Thursday next 
succeeding the day of the election, at the County Clerk's office. Great care 



AND ELECTION OmCERS. ^ XUl 

should be exercised that such poll-list be retained by him after the canvass of 
the vote for township ofQcers, and presented by him at the time above named for 
use at such canvass. 

BOARD OF CANVASSERS. 

Totes for Township Officers— Wheo, Where and How Canfassed.— The votes for 
township oflB.cers, where there are but one precinct in the township, are can- 
vassed by the Board of Election, after the polls are closed, on the day of election, 
and the result certified accordingly; but in all townships where there are more 
than one precinct the Inspectors of the several precincts, or the Judge of Elec- 
tion to whom the certificates, poll books or tally papers are delivered, shall con- 
stitute a Board of Canvassers, who shall meet on the day following the election 
(Wednesday, November 7, 1894) at the oflSce of the Township Trustee at as near 
10 o'clock A. M. as practicable, and organize by electing one of their number as 
chairman and one as clerk, and compare the certificates, poll books and tally 
papers, aggregate the vote, and declare and certify the result; and if two or 
more persons have the highest and an equal number of votes for the same office 
they shall determine by lot which shall be elected and give a certificate accord- 
ingly. (Sections 4736 and 4737, Revised Statutes, 1881.) 

Yotes for all Officers Other Than Township Officers— When, Where and How Can- 
yassed. — The Inspectors of the several precincts of the county, or the Judges of 
elections to whom the certificates, poll books and tally papers shall have been 
delivered, shall constitute a board of canvassers, who shall canvass and estimate 
the certificates, poll books and tally papers of each member of the Board. They 
shall meet between the hours of 10 o'clock a. m. and 6 o'clock p. M. at the court 
house (Circuit Court room) on the Thursday following the day of election (Nov- 
ember 8, 1894), and shall elect one of their number as Chairman, and the Clerk 
of the Circuit Court shall act as their Clerk. (Sections 4715 and 4716, Revised 
Statutes, 1881.) Such Board, when organized, shall carefully compare. and ex- 
amine the papers intrusted to them, and aggregate and tabulate from them the 
votes of the county, a statement of which shall be drawn up by the Clerk, and 
signed by each member of said Board, and which canvass sheet, together with 
the certifical:es, poll books and tally papers shall be delivered to the Clerk, and 
by him filed in his office. (Sec. 4717, R. S. 1881.) 

Such Board shall declare the person having the highest number of votes for 
any office to be filled by the voters of a single county, duly elected to such office, 
and certify the same in the statement above required. (Sec. 4718, R. S. 1881.) 

If two or more persons shall have the highest and an equal number of votes 
for the same office, to be filled by the voters of a single county, such Board shall 
forthwith declare that no person is elected to fill such office, and shall certify 
the same in their statement. (Sec. 4719, R. S. 1881.) 

No tally paper, poll book or certificate returned by any Election Board shall 
be rejected for want of form, if the same can be satisfactorially understood, 
and in no case shall such Board of Canvassers reject the returns from any pre- 
cinct if the same is certified by the Board of Election of that precinct, as re- 
quired by law, and presented by the Inspector or one of the Judges of said 
Board. (Sec. 4720, R. S. 1881.) 

The acts of the Board of Canvassers are ministerial. The canvass must be 
made from the face of the tally papers, poll books and certificates, made by the 
Inspectors, Judges and Clerks, and it is improper for the Board of Canvassers to 
hear testimony touching irregularities at the polls. Returns which fail to state 
what offices parties named are voted for are void for uncertainty, and it is the 
duty of the Board of Canvassers to reject them. (Moore v Kessler, 59 Ind., 152.) 

The certificates of the votes cast for the candidates on the State, local and 
township ballots, all being on the poll book, the Inspector or Judge attending the 
canvass of the vote cast for township officers must take with him the poll book 
not sealed in the bag, and the township tally paper. He must leave the township 
tally paper with the Township Trustee, but must not leave his poll book with the 
Trustee, but must take it with him to the court house on the Thursday after the 
day of election, to canvass the votes cast for the State and local candidates. 

The canvass of votes will be greatly facilitated if election officers see that the 
certificates and returns are all properly made out and the proper disposition 
made of the papers. 

If the papers necessary to make the canvass of the vote of any precinct have 

been sealed up in the bag, the Inspector or Judge of that precinct should open 

he bag in the presence of the Board of Canvassers, and the vote of that precinct 

canvassed. The bag should then be properly sealed up in the presence of said 

Board. (Sec. 4714, R. S. 1881.) 



THE ELECTION LAWS. 



PROVISIONS OF THE CONSTITUTION OF THE UNITED STATES. 

4. (4.) Elections. — 4. The times, places, and manner of holding 
elections for Senators and Representatives shall be prescribed in each 
state by the Legislature thereof ; but the Congress may, at any time, by 
law, make or alter such regulations, except as to the places of choosing 
senators. 

Congress may make rules for the election of members of Congress, 
and may prescribe duties for officers acting under state laws, and pre- 
scribe penalties for such acts of Congress. 

Ex parte Siebold, 100 U. S. 371; In re Coy, 127 U. S. 731; Ex parte Yarbrough. 
110 U. S. 651. 

44. (44.) The rights of voters. — 1. The right of the citizens of 
the United States to vote shall not be denied or abridged by the United 
States, or by any state, on account of race, color, or previous condition 
of servitude. 

45. (45.) How enfoFCed.— 2. The Congress shall have power to 
enforce this article by appropriate legislation. 

The 15th amendment does not confer the right of suffrage, but prevents the 
states from discriminating on account of race, color or previous condition of servi- 
tude. United States v. Reese, 92 U. S. 214; Ex parte Yarbrough, 110 U. S. 651. 

The 15th amendment has the effect of striking out of state constitutions the 
words "white race," when used as a qualification of voters. Neal i;. Delaware, 
103 U. S. 370. 

PROVISIONS OF THE CONSTITUTION OF THE STATE OF INDIANA. 

83. (83.) Elections free.— 1. All elections shall be free and equal. 

84. (84.) Qualifications of electors. — 2. In all elections not other- 
wise provided for in this constitution, every male citizen of the United 
States, of the age of twenty-one years and upward, who shall have 
resided in the state during the six mofiths, and in the township sixty 
days, and in the ward or precinct thirty days, immediately preceding 
such election, and every male of foreign birth, of the age of twenty-one 
years and upwards, who shall have resided in the United States one year, 
and shall have resided in this state during the six months, and in the 
township sixty days, and in the ward or precinct thirty days, immediately 

(1) 



§ 85 CONSTITUTIONAL. 2 

preceding such election, and shall have declared his intention to become 
a citizen of the United States, conformably to the laws of the United 
States on the subject of naturalization, shall be entitled to vote in the 
township or precinct where he may reside, if he shall have been duly 
registered according to law. [As amended March 14, 1881.] 

The legislature can not change the qualification of voters as fixed by the consti- 
tution. Morris v. Powell, 125 Ind. 281. 

85. (85.) Soldiers — Seamen — Marines. — 3. No soldier, seaman, 
or marine, in the army or navy of the United States, or of their allies, shall 
be deemed to have acquired a residence in the state, in consequence of 
having been stationed within the same ; nor shall any such soldier, seaman, 
or marine have the right to vote. 

86. {^Q') Residence. — 4. No person shall be deemed to have lost 
his residence in the state by reason of his absence, either on business of 
his state or of the United States. 

Section 13 of the act of 1889, requiring voters absenting themselves from the 
state to do certain things to retain their residence is invalid. Morris v. Powell, 125 
Ind. 281. 

Section 5 of this article was abrogated by an amendment adopted March 14th, 
1881, in pursuance of the act of February 21, 1881. 

89. (89.) Disfranchisement. — 8. The general assembly shall have 
power to deprive of the right of suffrage, and to render ineligible any 
person convicted of an infamous crime. 

93. (93.) Electors free from arrest. — 12. In all cases, except 
treason, felony, and breach of the peace, electors shall be free from arrest 
in going to elections, during their attendance there, and in returning from 
the same. 

If a person is arrested when he is free from arrest, he may be discharged on a 
writ of habeas corpus. Crocker v. Duncan, 6 Blkf , 278, 

94. (94.) Method of election. — 13. All elections by the people 
shall be by ballot ; and all elections by the general assembly, or by either 
branch thereof shall be viva voce. 

A statute requiring the numbering of ballots is unconstitutional? William v. 
Stein, 38 Ind. 89. 

It may be provided that in case of a tie vote that the result shall be determined 
by lot. Johnston v. State, ex rel., 128 Ind. 16. 

95. (95.) Time of elections. — 14. All general elections shall be 
held on the first Tuesday after the first Monday in November ; but town- 
ship elections may be held at such time as may be provided by law : 
Provided, That the general assembly may provide by law for the election 
of all judges of courts of general and appellate jurisdiction by an election 
to be held for such officers only, at which time no other officers shall be 
voted for ; and shall also provide for the registration of all persons entitled 
to vote. [As amended March 14, 1881.] 

Courts take notice of the time of general elections. Hizer v. State, 12 Ind. 330. 
The legislature can not require that a certain class of voters only shall be reg- 
istered as a prerequisite of the right to vote. Morris v. Powell, 125 Ind. 281. 



3 SELLING LIQUOR ON ELECTION DAY. § 2194 

INDIANA STATUTES. 

CRIMES. 

2194. (2098.) Selling liquor on Sunday, etc.— 190. Whoever 
shall sell, barter, or give away to be drunk as a beverage, any spirituous, 
vinous, malt or other intoxicating liquor, upon Sunday, the fourth day of 
July, the first day of January, the twenty-fifth day of December (com- 
monly called Christmas day), Thanksgiving day as designated by procla- 
mation of the governor of this state or the President of the United States, 
or any legal holiday ; or upon the day of any election in the township, 
town, or^ity where the same may be hoi den ; or between the hours of 
eleven o'clock p. M. and ^ve o'clock A. m., — shall be fined in any sum not 
more than fifty dollars nor less than ten dollars, to which may be added 
imprisonment in the county jail not more than sixty days nor less than 
ten days. 

An indictment for selling liquors on Sunday must charge that the liquors were^ 
sold to be drank as a beverage. Morel v. State, 89 Ind. 275; Dowdell v. State, 58 
Ind. 333. 

Indictments for selling liquors on Sunday should state the date of the sale. Clark 
V. State, 34 Ind. 436; State v. Land, 42 Ind. 311; Ruge v. State, 62 Ind. 388. 

The indictment should allege that the day on which the sale was made was com- 
monly called Sunday, giving a date which was Sunday being insufficient. Gilbert 
V. State, 81 Ind. 565. 

If it is alleged that the date given is Sunday, the indictment will be good though 
such date is not Sunday. Roy v. State, 91 Ind. 417. 

Stating that a sale was made on Sunday, " on or about" a given date, is insuf- 
ficient. Effinger v. State, 47 Ind. 235. 

The sale need not be proven to have been made on the particular Sunday al- 
leged, but may be proven to have been on any Sunday not barred by the statute 
of limitations. Pancake v. State, 81 Ind. 93; Buckner v. State, 66 Ind. 207. 

If the liquors sold on Sunday are ordinarily used as a beverage, it may be in- 
ferred that they were sold for such purpose. Morel v. State, 89 Ind. 275. 

Prosecutions for selling intoxicating liquors on Sunday may be commenced 
within two years after the commission of the offense. Shepler v State, 114 Ind. 
194. 

On a charge of sale of intoxicating liquors there must be proof that the liquors 
were intoxicating, unless the court takes judicial knowledge thereof, or the liq- 
uors are such as the statute declares to be intoxicating. Josephdaffer v. State, 32 
Ind. 402; Weis v. State, 33 Ind. 204; Plunkett v. State, 69 Ind. 68; Kurz v. State, 
79 Ind. 488; Myers v. State, 93 Ind. 251; Fenton v. State, 100 Ind. 598; Welsh v. 
State, 123 Ind. 71. 

Courts judicially take notice that whisky, ale, brandy, beer and all malt liquors 
are intoxicating. Cajmon v. State, 18 Ind. 450; Eagan v State, 53 Ind. 162; Schlicht 
V. State, 56 Ind. 173; Wiles v. State, 33 Ind. 206; Shaw v. State, 56 Ind. 188; Myers 
V. State, 93 Ind. 251; Fenton v. State, 100 Ind. 598. 

As to the formation of clubs, purchase and distribution of liquors to avoid the 
statute prohibiting sales on Sunday, see Marmont v. State, 48 Ind. 21. 

An indictment for selling liquors on an election day should name the township 
in which the sale v/as made and the election held. State v. Weaver, 83 Ind. 542. 

Selling intoxicating liquors on the day of a primary election is prohibited by 
this section. State v. Christman, 67 Ind. 328; State v. Hirsch, 125 Ind. 207. 

It is unlawful to sell intoxicating liquors on the day of any general or special 
city election. State v. Kidd. 74 Ind. 554; Qualter v. State, 120 Ind. 92. 

The statute prohibiting the sale of liquors between certain hours is constitu- 
tional, and applies to licensed sellers. Hunter v. State, 101 Ind. 241. 

Courts judicially know that between the hours of eleven o'clock P. m. and 5 
o'clock A. M. means from eleven o'clock at night to five o'clock the next morn- 
ing. Heddrick v. State, 101 Ind. 564, 



§ 2195 CRIMES. 4 

When different sales on the same day constitute separate offenses, and the 
evidence discloses more than one sale, the State will be required to elect which 
sale to rely upon. Lebkovitz v. State, 113 Ind. 26. 

2195. (2099) Drug-gist sellingr liquor on Sunday, etc. — 191. It 

shall be unlawful for any druggist or druggist's clerk to sell, barter, or 
give away any spirituous, vinous, malt or other intoxicating liquor on 
Sunday; or upon the fourth day of July, the first day of January, the 
twenty-fifth day of December (commonly called Christmas), Thanksgiving- 
day, or any legal holiday ; or upon the day of any state, county, township, 
primary, or municipal election in the township, town or city where the 
same may be holden ; or between the hours of eleven o'clock p. m. and 
five o'clock A. M. of any day, unless the person, to whom the same is sold, 
bartered, or given shall have first procured a written prescription therefor 
from some regularly practicing physician of the county where the same 
is so sold, bartered, or given away. And a person so offending shall be 
fined in any sum not more than fifty dollars nor less than ten dollars, to 
which may be added imprisonment in the county jail not more than sixty 
S.'djs nor less than ten days. 

An indictment under this section charging a sale on Sunday must allege that the 
day on which the sale was made was Sunday, naming a day of the month that 
was Sunday not being sufficient. Shepler v. State, 114 Ind. 194. 

Druggists can not sell liquors on Sunday without a prescription from a physi- 
cian, although the liquors may be sold and used for medical purposes. Barton v. 
State, 99 Ind. 89; Tilford v. State, 109 Ind. 359. 

The prescription from a physician must be explicit in its terms, and have 
reference to be filled on Sunday, to justify a druggist in selling liquors on that day. 
Edwards v. State, 121 Ind. 450. 

If a druggist is a physician, he can not sell liquors on Sunday without a written 
prescription. Tilford v. State, 109 Ind. 359. 

All sales of liquors on Sunday being presumed illegal, the burden is on the seller 
to show that he was justified in making the sale. Edwards v. State, 121 Ind. 450. 

Prosecutions for a violation of this section are not barred until two years after 
the commission of the offense. Shepler v. State, 114 Ind. 194. 



ARTICLE 9.— AGAINST PURITY OF ELECTIONS. 



SEC. 



SEC. 



2322. Illegal Voter. 2335. Altering returns. 

2323. Voting in wrong precinct. 2336. Refusing to receive vote. 

2324. Non-resident voting. 2337. Officer persuading voter. 

2325. Importing voters. 2338. Officer opening or marking ticket. 

2326. Voting more than once. 2339. Deceiving illiterate voter. 

2327. Bribery for nomination— Penalty. 2340. Defrauding voter. 

2328. Bribery of elector— Penalty. 2341. Using violence, threats or restraint. 

2329. Seeking to influence voters. 2342. Seizing ballot-box. 

2330. Influencing voter to refrain from 2343. Destroying ballot-box or ballots. 

voting. 2344. Inducing voter to resign petition. 

2331. Ground of challenge— Affidavit. 2345. Selling signature to petition. 

2332. False affidavit. 2346. Fraud at special election. 

2333. Breaking ballot-box. 2347. Buying vote at special election. 

2334. Fraud by officer. 2348. Bribing to procure election. 



5 • AGAINST PURITY OF ELECTIONS. - § 2322 

[1881 S., p. 174. In force September 19, 1881.] 

2322. (2179.) Illegal voter.— 263. Whoever, not having the legal 
qualifications of a voter at any election authorized by law to be held in 
this state for any officer whatever, votes or offers to vote at such elec- 
tion, shall be fined not more than five hundred dollars nor less than 
ten dollars, imprisoned in the county jail not more than one year nor 
less than one month, and disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate period. 

An indictment for voting without having the qualifications of a voter, must specify 
what quahfications were wanting. Quinn v. State, 35 Ind. 485. 

The decision of the judges of an election in favor of the right of a person to vote, is 
no defense to an action for illegal voting. Morris v. State, 7 Blkf. 607. 

The defendant can not prove the statements made by himself at the polls when he 
offered to vote. Morris v. State, 7 Blkf. 607. 

The residence of a person is governed very largely by his intention, and in order to 
lose a residence there must be a removal without an intention to return for the purpose 
of residing. Culbertson v. Board, 52 Ind. 361 ; Maddox v. State, 32 Ind. 111. 

If an intention to reside at a place is followed by a removal, a residence at such 
place is acquired although the person intends to reside there for a limited time only. 
Pedigo V. Grimes^ 113 Ind. 148. 

The qualification of voters as defined by the constitution can not be added to nor 
changed by legislative enactment. Morris v. Powell, 125 Ind. 281. 

One class of voters can not be required to register in order to be entitled to vote, 
when other voters are not required to be registered. Morris v. Powell, 125 Ind. 281. 

2323. (2180.) Yoting in vrrong precinct. — 264. Whoever know- 
ingly votes, or offers to vote, in any precinct or ward except the one in 
which he resides, shall be fined not more than five hundred dollars 
nor less than ten dollars, imprisoned in the county jail not more than 
one year nor less than one month, and disfranchised and rendered in- 
capable of holding any office of trust or profit for any determinate 
period. 

2324. (2181.) Non-resident voting. — 265. Whoever passes from 
any other state into this state, and votes or attempts to vote at any 
voting precinct or ward of this state, not being at the time a bona -fide 
resident of such voting precinct or ward, shall be fined not more than 
one thousand dollars nor less than fifty dollars, imprisoned in the 
state prison not more than five years nor less than one year, and dis- 
franchised and rendered incapable of holding any office of trust or 
profit for any determinate period. 

2325. (2182.) Importing voters. — 266. Whoever hires or solicits 
any person to come from any state into this state for the purpose of 
voting at any election therein, or to pass from any county to another 
county, or from any township into another township, or from any 
voting precinct or ward into another voting precinct or ward of the 
state, for the purpose of voting therein at any election held therein 
(such person, so solicited, not being a legal voter in such county, 
township, precinct, or ward), shall be fined not more than one thou- 
sand dollars nor less than fifty dollars, imprisoned in the state prison 
not more than five years nor less than one year, and disfranchised 



§2326 CRIMES. * . G 

and rendered incapable of holding any office of trust or profit fo> any- 
determinate period. 

2326. (2183.) Voting more than once.^267. Whoever votes more 
than once at any election in this state, either at the same precinct or 
ward or at different precincts or wards, shall be fined not more than 
one thousand dollars nor less than fifty dollars, imprisoned in the 
state prison not more than five year's nor less than one year, and dis- 
franchised and rendered incapable of holding any office of trust or 
profit for any determinate period. 

As to the sufficiency of an indictment under this section, see State v. Patterson, 116 
Ind. 45. 

Sections 2184 and 2185, R. S. 1881, were repealed by section 4 of act of March, 1885, 
Acts 1885, p. 93; Ell. Supp., section 317; and new provisions were enacted on the sub- 
ject of buying and selling votes. By section 7 of -the act of March, 1889, Acts 1889, p. 
267, Ell. Supp., sections 319-326, sections 1, 2, 3 and 5 of the act of March, 1885, weie 
repealed, and new provisions were enacted which follow. 

[Acts 1889, p. 267. In force May 10, 1889.] 

2327. (E. S. 319.) Bribery for nomination— -Penalty.— 1. Any 

person being a candidate for nomination to any office of profit or trust- 
under the constitution or laws of this state, or of the United States, 
before any convention held by any political party, or at any primary 
election, who loans, pays, or gives, or promises to loan, pay or give 
any money or other thing of value to any delegate or elector or any 
other person, for the purpose of securing the vote or influence of such 
delegate, elector, or person, for his nomination, and whoever hires or 
otherwise employs for consideration any person to work for the nomi- 
nation of any person to any office, or to work for the selection of any 
delegate to be chosen at any party convention or primary election, 
shall, upon conviction thereof, be fined in any sum not more than &vg 
hundred dollars, and disfranchised and rendered incapable of holding 
any office of profit or trust within this state for any determinate period, 
and if nominated shall be ineligible to hold such office. 

2B28. (E. S. 320.) Bribery of elector— Penalty —2. Whoever, be- 
ing a candidate for any office, loans or gives directly or indirectly, or 
offers or promises to loan or give any money or other thing of value 
to any elector for th^ purpose of influencing or retaining the vote of 
such elector, or to induce such elector to work or labor for the election 
of such candidate, or to refrain from working or laboring for the elec- 
tion of any other candidate, or to any person to secure or to retain the 
influence or vote of such elector in his behalf as such candidate, or to 
be used by such person in any way to influence the vote of any elector, 
or of electors generally, for himself or any candidate or ticket, and 
whoever hires or otherwise employs for consideration any person to 
work at the polls on election day for the election of any candidate to 
be voted for at such election, shall be fined in any sum not more than 
one thousand nor less than three hundred dollars, and shall be dis- 
franchised and rendered incapable of holding any office of profit or 
trust within this state for any determinate period, and a violation of 



7 AGAINST PURITY OF ELECTIONS. § 2329 

any provision of this section by any person elected to such office shall 
render his election void, and if he has taken the office, upon convic- 
tion, shall operate as a vacation of the same. 

See section 2347. 

It is held that the mere " treating " of voters is not a criminal offense. Heilman v. 
Shankhn, 60 Ind. 424. 

2329. (E. S. 321.) Seeking to influence voters. — 3. Any person 
-who shall give or offer to give, directly or indirectly, any money, prop- 
erty or other thing of value, to any elector to influence his vote a^ any 
regular election held in this state pursuant to law, or who shall, at 
any such election, solicit, furnish or receive any money or other means 
for such purpose, or who shall aid, advise, counsel or suggest to any 
person, or to persons generally ,'- to use or procure any money or other 
means to be used to induce, hire, or buy any person or persons to vote 
or refrain from voting for any candidate or candidates or to remain 
away from the polls at any election, whether or not any such person 
shall act or attempt to act upon any such counsel, advice or sugges- 
tion, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be, fined in any sum not less than twenty-five dollars and not 
more than one hundred dollars, and imprisoned in the county jail not 
less than ten days nor more than six months, and disfranchised and 
rendered incapable of holding any office of trust or profit for any de- 
terminate period, not less than ten years, or imprisoned in the state's 
prison at hard labor not less than one nor more than five years, and 
-disfranchised and rendered incapable of holding any office of profit or 
trust for the period aforesaid. 

2830. (E. S. 322. ) Influencing elector to refrain from voting. — 4. 
Any person who shall directly or indirectly give, offer or promise to 
give to any elector any money, property or other thing of value for 
the purpose of preventing, infiuencing, inducing or procuring such 
elector to refrain from voting, or to remain away from the polls at any 
election held under the laws of this state, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined in any sum not 
less than twenty-five dollars or more than five hundred dollars and 
disfranchised and rendered incapable of holding any office of trust or 
profit for any determinate period, not less than ten years; to which 
may be added imprisonment in the county jail for any period not to 
exceed six months. 

2331. (E. S. 323.) Ground of chaUenge— Affidavit.— 5. At any 
election held under and pursuant to any law of this state, it shall be 
a ground of challenge that any person offering to vote has used or at- 
tempted to use money or other means to buy, hire, or induce any 
elector to vote or refrain from voting for any candidate or candidates, 
or has advised, counseled or suggested bribery of any elector or electors 
at any such election, whether the same has been acted on or not, or has 
sold or offered to sell his vote for any candidate or candidates, at any 
such election. And when so challenged, such elector shall not be per- 
mitted to vote until he has taken and subscribed the following: State 



§ 2332 CRIMES. 8 

of Indiana, county, ss.: I, , do solemnly swear (or 

affirm) that I have not used or attempted to use any money or other 
means to buy, hire or induce any person or persons to vote or refrain 
from voting or to remain away from the polls at this election; and that 
I have not counseled, advised, suggested or procured any person or 
persons to bribe any elector or electors to vote for any candidate or can- 
didates, or to refrain from voting or to remain away from the polls at 
this election, and that I have not sold or offered to sell my vote, either 
directly or indirectly, at this election. 

Subscribed and sworn to before me, this — • — day of , 18 — . 

2332. (E. S. 324.) False affidavit.— 6. Whoever shall willfully or 
knowingly make a false affidavit under this act shall be guilty of per- 
jury and punished accordingly. All affidavits made under the pre- 
ceding sections shall be filed with the board of election and preserved 
by such board in the manner as other similar affidavits and papers are 
preserved. 

Section 7 repeals sections 1, 2, 3 and 5 of the act of March, 1885, Acts 1885, p. 93. 

2333. (E.S.326.) Breaking baUot-box— Altering returns.— 8. Any 

person not duly authorized by law who shall, during the progress of any 
election in this state, or after the closing of the polls and before the 
ballots are counted and result ascertained, or within six months there- 
after, break open or violate the seals or locks of any ballot-box, paper 
envelope or bag in which ballots have been deposited at or after such 
election, or who shall obtain possession of such ballot-box, paper en- 
velope or bag containing such ballots, and cancel, withhold or destroy 
the same, or who shall fraudulently or forcibly add to or diminish 
the number of ballots legally deposited therein, or who shall fraudu- 
lently make any erasure or alteration of any kind upon any tally- 
sheet, poll-book, list of voters or election return deposited therein, 
shall be fined in any sum not more than one thousand nor less than 
five hundred dollars, and imprisoned in the state prison not more 
than ten nor less than two years, and disfranchised and rendered in- 
capable of holding any office of profit or trust in this state for any de- 
terminate period. 

[1881 S., p. 174. In force September 19, 1881.] 

2334. (2186.) Fraud by officer.— 270. Whoever, being a town- 
ship trustee, inspector, judge of election, or clerk of election, takes out 
of the ballot-box any ballot legally deposited therein, for the purpose 
of destroying the same or substituting another in its place, or after 
the same has been legally taken out, intentionally destroys or mis- 
places the same with the intent to substitute another ballot therefor, 
or with the intent to prevent the same from being counted at such, 
election; or knowingly enters upon the poll-books the name of any 
person who has not' legally voted at such election; or intentionally 
tallies any vote to any candidate not voted for by such ballot; or per- 
mits any one of these acts to be done, — shall be fined not more than 
one thousand dollars nor less than fifty dollars, imprisoned in the state 



9 AGAINST PURITY OF ELECTIONS. § 2335 

prison not more than five years nor less than one year, and disfran- 
chised and rendered incapable of holding any office of trust or profit 
for any determinate period. 

2335.(2187.) Altering returns. — 271. Any township trustee, in- 
spector, or any person acting for or on behalf of any trustee or in- 
spector while forming a board of canvassers or before the canvassing 
of any board of canvassers or after the adjournment of any board of 
canvassers, who shall, with intent to cheat and defraud, alter any 
election return as made by the election board of any voting precinct, 
either by increasing the vote of any candidate or reducing the same; 
or shall intentionally destroy, misplace, or lose any poll-book or tally- 
sheet; or any clerk of court, who shall, with intent to cheat and de- 
fraud, change or alter in any way the vote of any candidate as re- 
turned by the board of canvassers; or any such trustee, inspector, 
clerk, or deputy clerk, or other person acting for such persons, who 
shall consent to the same being done, or who shall permit the same 
to be done, shall be fined not more than one thousand dollars nor less 
than fifty dollars, imprisoned in the state prison not more than five 
years nor less than one year, and disfranchised and rendered incapa- 
ble of holding any office of trust or profit for any determinate period. 

2336. (2188.) Refusing to receive vote. — 272. Whoever, being an 
inspector or judge of any election held within this state, knowingly 
and willfuly, or corruptly, refuses or neglects to receive the vote of any 
legal voter at any election held within this state, shall be fined not 
more than five hundred dollars nor less than fifty dollars, and dis- 
franchised and rendered incapable of holding any office of trust or 
profit for any determinate period. 

An indictment for refusing to receive a vote must show the purpose for which the 
election was held. Tipton v. State, 27 Ind. 492. 

When a voter complies with the law regulating his right to vote, the officers of the 
election are liable for not receiving his vote unless he was not a legal voter. State v. 
Robb, 17 Ind. 536. 

If a voter is challenged his vote may be rejected until he complies with the law rel- 
ative to challenged voters. State v. Tuibell, 26 Ind. 264. 

2337. (2189.) Ogicer persuading voter.— 273. Whoever, being 
an inspector, judge, or clerk of an election, attempts to induce, by 
persuasion, menace, or reward, or promise thereof, any elector to vote 
for any person, shall be fined not more than one hundred dollars nor 
less than ten dollars. 

2338. (2190.) Ogicer openingor marking ticket.— 274. Whoever, 
being a judge, inspector, clerk, or other officer of an election, opens or 
marks, by folding or otherwise, any ticket presented by such elector 
at such election; or attempts to find out the names thereon; or suffers 
the same to be done by any other person, before such ticket is depos- 
ited in the ballot-box, — shall be fined in any sum not more than one 
hundred dollars nor less than ten dollars, and disfranchised and ren- 
dered incapable of holding any office of trust or profit for any deter- 
minate period. 



§ 2339 CRIMES, 10 

2339. (2191.) Deceivina: illiterate voter.— 275. Whoever furnishes 
an elector who can not read the English language, at any election held 
pursuant to law, with a ticket which such person shall represent to 
such elector as containing a name different from the one printed or 
written thereon, shall be fined not more than one hundred dollars nor 
less than ten dollars, and disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate period. 

2340. (2192.) Defrauding voter. — 276. Whoever fraudulently causes 
or attempts to cause any elector, at any election held pursuant to law 
in this state, to vote for a person different from the one he intended 
to vote for, shall be fined not more than one hundred dollars nor less 
than ten dollars. 

2341. (2193.) Using violence, threats or restraint.— 277. Whoever, 
for the purpose of influencing a voter, seeks, by violence or threats of 
violence or threats to enforce the payment of a debt; or to eject or threat- 
ens to eject from any house he may occupy; or begin a criminal pros- 
ecution; or to injure the business or trade of an elector; or, if an em- 
ployer of laborers or an agent of such employer, threatens to withhold 
the wages of or to dismiss from service any laborer in his employment; 
or refuses to allow to any such employe time to attend at the place of 
election and vote, — shall be fined not more than one thousand dollars 
nor less than twenty dollars, imprisoned in the state prison not more 
than five years nor less than one year, and disfranchised and rendered 
incapable of holding any office of trust or profit for any determinate 
period. 

2342. (2194.) Seizing ballot-box. — 278. Whoever, at any election, 
unlawfully, either by force, fraud, or other improper means, obtains 
or attempts to obtain possession of any ballot-box or any ballots therein 
deposited, while the voting at such election is going on or before the 
ballots are duly taken out of such ballot-box and counted by the elec- 
tion board according to law, shall be fined not more than one thousand 
dollars nor less than fifty dollars, imprisoned in the state prison not 
more than five years nor less than one year, and disfranchised and 
rendered incapable of holding any office of trust or profit for any de- 
terminate period. 

2343. (2195.) Destroying ballot-box or ballots.— 279. Whoever 
unlawfully destroys or attempts to destroy any ballot-box used, or any 
ballot or vote deposited, or any poll-book kept at" any election, shall 
be fined not more than one thousand dollars nor less than fifty dollars, 
imprisoned in the state prison not more than five years nor less than 
one year, and disfranchised and rendered incapable of holding any of- 
fice of trust or profit for any deteru^nate period. 

2344. (2196.) Inducing voter to re-sign petition.— 280. Whoever, 
by persuasion, menace, or reward, or promise thereof, induces or at- 
tempts to induce any legal voter of any county to re-sign any written 
or printed petition for the re-location of the county seat of any county 
or any remonstrance against such re-location, shall be fined not more 
than five hundred dollars nor less than ten dollars, to which may be 



11 AGAINST PURITY OF ELECTIONS. , § 2345_ 

added imprisonment in the county jail not more than six months nor 
less than ten days, and he shall be disfranchised and rendered incapable 
of holding any office of trust or profit for any determinate period. 

2345. (2197.) Selling signature to petition. — 281. Whoever, be- 
ing a legal voter of any county, sells or barters or offers to sell or 
barter for money, property, or thing of value, or for any promise or 
hope of reward, given or offered by any person, his signature to any 
written petition for the re-location of any county seat, or to any re- 
monstrance against such re-location, shall be fined not more than five 
hundred dollars nor less than ten dollars, to which may be added im- 
prisonment in the county jail not more than six months nor less than 
ten days, and he shall be disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate period. 

2346. (2198.) Fraud at special election.— 282. Whoever votes 
more than once at any election for the re-location of any county-seat, 
or for aid to any railroad, either at the same precinct or at different 
precincts, shall be deemed guilty of a misdemeanor, and, on convic- 
tion, shall be fined in any sum not more than fifty dollars nor less 
than ten dollars. * 

2347. (2199.) Buying vote at special election.— 283. Whoever 
buys or offers to buy, either by himself or by any other person, or 
furnishes any money or any other means to be used, or who shall per- 
mit his money or other means to be used, to hire, buy, or induce any 
person to vote for or against the removal of a county seat, or for or 
against the appropriation of aid to any railroad; or whoever attempts 
to induce any person to vote for or against such removal or appropria- 
tion, by offering any reward or favor — shall be deemed guilty of a 
misdemeanor. And whoever, being a voter of this state, sells or bar- 
ters or offers to sell or barter, for any money or property, or any thing 
of value, or any promise or hope of reward given or offered by any 
person or persons, his vote for the removal or for the re-location of a 
county seat, or against such removal or re-location, or against such 
appropriation or in favor of such appropriation for said railroad, shall 
be deemed guilty of a misdemeanor. And, upon conviction of violat- 
ing any of the provisions of this section, the person so offending shall 
be fined in any sum not more than one hundred dollars nor less than 
twenty-five dollars, and disfrancliised and rendered incapable of hold- 
ing any office of trust or profit for any determinate period not exceed- 
ing five years. 

2348. (2200.) Bribing to procure election. — 284. Whoever gives 
or offers a bribe, threat or reward to procure his election to any office 
under the constitution or laws of this state, shall be fined not more 
than one thousand dollars nor less than fifty dollars, and imprisoned 
in the state prison not more than five years nor less than one year; 
and such person so offending, if elected to such office, shall be dis- 
qualified from holding office during the term for which he may have 
been elected, and also disfranchised for any determinate period. 

See elections, volume 3. 



ELECTIONS. 



ABT. 

1. General elections. 

2. Special elections. 

3. Township elections. 



ART. 

4. Recounting. 

5. Contest. 

6. Bribery of electors. 



ARTICLE 1.— GENERAL ELECTIONS. 



sec. sec. 

6190. When held— What offices filled. 6222. 

6191. Certificate of clerk— Notice of sher- 6223. 

iS. 6224. 

6192. Qualifications of electors. 6225. 

6193. Who disfranchised. 6226. 

6194. Soldiers, seamen and marines. 

6195. Residence. 6227. 

6196. Elector's freedom from arrest. 

6197. Betting on election. 6228. 

6198. Precincts— Number of voters. 6229. 

6199. Boundaries of precinct — Change. 6230. 

6200. Officers of election. 

6201. Inspectors— Election board. 6231. 

6202. Poll clerks. 

6203. Forms. 6232. 

6204. Oath of officers. 6233. 

6205. Who shall administer oath. 6234. 

6206. Inspector's duties. 6235. 

6207. Ballot boxes. 

6208. Inspector of ballot boxes— Keys. 6236. 

6209. Opening and closing election. 6237. 

6210. Where to vote. 

6211. Proclamation of opening. 6238. 

6212. Election sheriffs. 6239. 

6213. State board of election commission- 6240. 

ers. 6241. 

6214. County board of election com mis 6242. 

sioners. 6243. 

6215. Duties of board. 

6216. Petitions of nomination. 6244. 

6217. Petitions and certificates to be pre- 6245. 

served. 6246. 

6218. When to be filed. 

6219. Certificate of governor.' 6247. 

6220. Declination of nominees. 6248. 

6221. Proposed constitutional amendment. 

(12) 



Form of ballot. 

Nomination to fill vacancy. 

Printer — Felony. 

Distributing ballots. 

Allowance to clerk — Special mes- 
senger. 

Permitting ballots to be taken — 
Felony. 

Removing ballots — Felony. 

Delivery of ballots. 

Opening sealed ballots — Poll- 
Clerks. 

Duties of county board — Instructions 
to voters. 

Special messenger. 

Inspector failing to appear. 

Loss of ballots. 

Preserving and destroying ballots 
left over. 

Room for holding election. 

Who may stand near polls — Chal- 
lengers — ^Voting^S wearing in. 

Arrest of illegal voter. 

False affidavit — Perjury. 

Work limited on election day. 

Manner of voting. 

Paster ballots. 

Number in booths — Mutilation of 
ballots. 

Voter unable to read English. 

Distinguishing marks — Penalty. 

Removing ballot from election room 
— Penalty. 

Counting and destroying ballots. 

Canvassing votes — Destroying bal- 
lots. 



13 GENERAL ELECTIONS. § 6190 

SEC. SEC. 

6249. Feloniea— Penalty. 6264. Duty of board. 

6250. Felony by clerk, inspector or mes- 6265. Adjournments forbidden. 

senger. 6266. Meals for election officers. 

6251. Attempting to enter election room — 6267. Certificate of judges. 

Remaining too close to polls — 6268. Care of ballots and papers. 
Penalty. 6269. Clerk's and trustee's duties, 

6252. Inducing elector to place distin- 6270. Board of canvassers. 

guishing mark on ballot— Penalty. 6271. Officers of board. 

6253. Revealing how elector voted — Pen 6272. Duties of board. 

alty. 6273. Certificate. 

6254. Inducing members to violate act- 6274. Tie vote. 

Penalty. 6275. Defective papers — Duty of board. 

6255. Removing or destroying election 6276. Certificate of election. 

conveniences — Penalty. 6277. Defective returns — Commissions. 

6256. Electioneering — Disclosing vote— 6278. Certificates of votes for legislators. 

Penalty. 6279. Certificate of election of legislators. 

6257. Violation of duty by officer — Penalty. 6280. Tie vote for legislators. 

6258. Constitutional amendment — How 6281. Certificate to secretary of state. 

voted ^on. 6282. Duty of secretary of state. 

6259. Preserving affidavits. 6283. Secretary of state and governor, as to 

6260. Township and county elections. congressmen. 

6261. Town and city elections. 6284. Clerk's duty as to election of gov- 

6262. Legal holiday. ernor. 

6263. Laws repealed. 6285. Pay of officers. 

[1881 S., p. 482. In force September 19, 1881.] 

6190. (4678.) When held— What offices filled.—!. A general elec- 
tion shall be held on the first Tuesday after the first Monday in No- 
vember in the year one thousand eight hundred and eighty-two, and 
biennially thereafter on the same day, at which election all existing 
vacancies in office, and all offices, the terms of which will expire be- 
fore the next general election thereafter, shall be filled, unless other- 
wise provided by law. 

The supreme court takes judicial notice of the number of votes cast at a general state 
election upon all questions of public affairs affecting the state. State v. Swift, 69 Ind. 
505. 

If an office becomes vacant by resignation of the incumbent at a period before a gen- 
eral election less than the time required by law for giving notice of such election, such 
vacancy can not be filled at such election. Beal v. Ray, 17 Ind. 554; Beal v. Morton, 
18 Ind. 346. 

If an officer files his resignation of an office before the time fixed by law for an elec- 
tion, but such resignation is not to take effect until after such election, a successor to 
such officer can not be elected at such election. Biddle v. Willard, 10 Ind. 62. 

Courts take judicial notice when the terms of public officers commence. Hizer v. 
State, 12 Ind. 330. 

6191. (4679.) Certificate of clerk— Notice of sheriff.— 2. The clerk 
of the circuit court shall, at least twenty days before such election, cer- 
tify to the sheriff of his county what officers are to be elected; and such 
sheriff shall give fifteen days' notice thereof, by posting up, at all 
usual places of holding such elections, a copy of such certificate, and 



§ 6192 ELECTIONS. 14 

by one publication thereof in some newspaper of his county, if any 
there be, and by delivering a copy thereof to the township trustee of 
each township within the county. But no election shall be invali- 
dated by the failure of such clerk or sheriff in the performance of any 
of the duties enjoined by this section. 

Voters are required to take notice of the time for general elections and the officers to 
be elected, and a failure to give notice of an election does not render the same invalid. 
Carson v. McPhetridge, 15 Ind. 327; State, ex rel., v. Jones, 19 Ind. 356; Lafayette v. 
State, ex rel., 69 Ind. 218; Parmater v. State, ex rel., 102 Ind. 90. 

Generally any immaterial departure from the requirement of statutes relative to thft 
holding of elections will not affect the validity thereof. Gass v. State, ex rel., 34 Ind. 
425; Railroad Co. v. Geiger, 34 Ind. 185; Dobyns v. Weadon, 50 Ind. 298; Mustard v, 
Hoppes, 69 Ind. 324; Parvin v. Wimberg, 130 Ind. 561. 

6192. (4680.) Qualifications of electors.~3. All elections shall 
be free and equal; and in all elections every male citizen of the United 
States, of the age of twenty-one years and upwards, who shall have 
resided in this state during the six months, in the township sixty days, 
and in the ward or precinct thirty days, immediately preceding such 
election; and every male of foreign birth, of the age of twenty-one 
years and upwards, who shall have resided in the United States one 
year, and shall have resided in this state during the six months, in 
the township sixty days and in the ward or precinct thirty days im- 
mediately preceding such election, and shall have declared his inten- 
tion to beome a citizen of the United States, conformably to the laws 
of the United States on the subject of naturalization — shall be entitled 
to vote in the township or precinct where he may reside. 

See section 84 for constitutional provision. 

Residence is the being in a given place with the intention of making it one's home. 
McCollem v. White, 23 Ind. 43. 

It requires an intention to change the domicile, and absence temporarily, with an 
intention to return, will not change the domicile no matter how long the absence may 
be. Yonkey v. State, ex rel., 27 Ind. 236; Maddox v. State, 32 Ind. Ill; Culbertson v. 
Board, 52 Ind. 361 ; Astley v. Capron, 89 Ind. 167. 

6193. (4681.) Who disfranchised. — 4. Every person undergoing 
a sentence of imprisonment on conviction for any felony or misde- 
meanor shall be disfranchised during the period of such imprisonment. 

6194. (4682.) Soldiers, seamen, and marines. — 5. No soldier, sea- 
man, or marine, in the army or navy of the United States or of their 
allies, shall be deemed to have acquired a residence in the state in 
consequence of having been stationed within the same; nor shall any 
such soldier, seaman, or marine have the right to vote. 

6195. (4683.) Residence. — 6. No person shall be deemed to have 
lost his residence in the state by reason of his absence either on busi- 
ness of this state or of the United States. 

6196. (4684.) Elector's freedom from arrest. — 7. In all cases, ex- 
cept treason, felony, and breach of the peace, electors shall be free 
from arrest in going to elections, during their attendance there, and 
in returning from the same. 



15 GENERAL ELECTIONS. § 6197 

[1857, p. 35. In force August 24, 1857.] 

6197. (4685.) Betting on elections. — 1. Any person who shall 
bet or wager any money or other valuable property on the result of 
any election in this or any other state shall, upon conviction thereof, 
forfeit and pay to the state of Indiana, for the benefit of the common 
school fund, any sum not less than the amount so bet or wagered nor 
more than twice said amount. 

See section 2177, volume 1. 

If property is sold to be paid for or not according to the result of an election, the 
parties are subject to a criminal prosecution. Parsons v. State, 2 Ind. 499; Hizer v. 
State, 12 Ind. 330; Davis v. Leonard, 69 Ind. 213. 

A wager on the result of an election is determined as soon as the ballots are cast 
although it may then be impossible to ascertain the result. Hizer v. State, 12 Ind. 330. 

Courts will take judicial notice as to who was elected to an office at a general elec- 
tion. Hizer v. State, 12 Ind. 330. 

Betting upon the result of an election is gaming. Frazee v. State, 581Ind. 8. 

The offense under this section consists in betting or wagering money or property on 
the result of an election without regard to losing or winning such money or property. 
Frazee v. State, 58 Ind. 8. 

The parties may be compelled to testify, but they can not afterwards be prosecuted 
for the offense. Frazee v. State, 58 Ind. 8. 

An indictment alleging the winning or losing of an article on the result of an election 
alleged to have taken place after a return of the indictment, is bad. State v. Windell, 
60 Ind. 300. 

If property is to be paid for or not, as an election may result, the purchaser can not 
be charged with losing money on the result of the election. Wagner v. State, 63 Ind. 
250. 

Sections 4686 to 4706 inclusive, and sections 4710 and 4711, R. S. 1881, are omitted as 
being superseded by the election law of 1889, Acts 1889, p. 157. Ell. Supp., section 
1323 et seq., and the amendments made thereto, which follow hereafter. 

[Acts 1889, p. 157. In force May 10, 1889.] 

6198. (E.S.1323.) Precincts—Number of voters.— 1. That the county 

commissioners of each county in this state shall, at their first session 
after the taking effect of this act, divide the townships of their respec- 
tive counties into election precincts, and establish the boundaries of 
the same. Such board of commissioners shall designate at least one 
place of holding elections in each township, and every township in 
which only one place of holding elections is designated shall constitute 
a precinct. There shall be but one voting place in a precinct. Each 
precinct shall contain, as nearly as practicable, two hundred electors, 
based on the number of votes cast at the last election for presidental 
electors; but no precinct shall contain more than two hundred and 
fifty electors. If at any election hereafter two hundred and fifty or 
more votes shall be cast at any voting place, it shall be the duty of 
the inspector in such precinct to report the same to the board of county 
commissioners, who shall, at their next regular meeting, divide such 
precinct as equally as possible so that the new precincts formed thereof 
shall each contain two hundred electors, as nearly as practicable; but 
no precinct shall contain more than two hundred and fifty electors, 



§ 6199 ELECTIONS. 16 

and shall report such division to the clerk of the circuit court of such 
county, and to the governor of the state, together with the estimated 
number of votes in each of the new precincts. If such board shall 
fail to act as herein directed, any qualified voter of the county may 
apply for a writ of mandamus to compel a performance of this duty. 

6199. (E. S. 1324.) Boundaries of precinct— Change.— 2. The 
board of commissioners of any county may change the boundaries of 
any precinct within such county, or divide any precinct into two or 
more precincts, or consolidate two or more precincts into one, or 
change any place of holding elections whenever public convenience or 
the public good may require it: Provided, That no such change, divis- 
ion or consolidation shall be made after the June term of such com- 
missioner's court next preceding an election: And, provided further, 
That no such change, division or consolidation shall be valid without 
giving due notice, at least one month before any election, by one pub- 
lication in two newspapers published in said county, representing the 
two political parties which cast the highest number of votes in the 
state at the last general election, and by posters put up in four of the 
most public places in each precinct: And, provided, further, That no 
precinct shall be enlarged so as to contain more than two hundred 
and fifty electors. 

(As amended, Acts 1891, p. 124. In force June 3, 1891.) 
If a change of boundaries of a township after the June term requires a change of 
precincts to be made, the commissioners may make the same. Duncan v. Shenk, 109 
Ind. 26. 

6200. (E. S. 1325.) Officers of election.— 3. Township trustees 
shall, by virtue of their office, be inspectors of elections in the precincts 
in which they respectively reside, and shall, prior to the opening of the 
polls in such precinct, appoint as judges of election two qualified elect- 
ors of such precinct, who shall have been freeholders and resident 
householders therein for at least one year, or householders for at least 
two years next preceding such election, and who are members of differ- 
ent political parties and of the parties which cast the highest number 
of votes in the state at the preceding general election: Provided, That if 
at least one week or more prior to such election the chairman of the 
county central committee of either of the two parties that cast the largest 
number of votes in the state at the last general election shall designate 
a member of such party as judge, having the same qualifications as 
above prescribed, he shall be appointed, and such judges, together 
with the inspector, shall constitute a board of election. No person 
shall be eligible as a member of the board of election who has any- 
thing of value bet or wagered on the result of such election, or who 
is a candidate to be voted for at such election, or who is father, father- 
in-law, son, son-in-law, grandfather, grandson, brother, brother-in- 
law, uncle, nephew, first or second cousin of any candidate at such 
election. If at any time before, or during an election, it sh^ll be 
made to appear to any inspector by the affidavit of two or more quali- 
fied electors of the precinct, that either of the judges is disqualified 



17 GENERAL ELECTIONS. § 6201 

under the provisions of this act, he shall at once remove such judge 
and fill the place with a qualified person of the same political party as 
the judge removed; and in case such disqualified judge shall have taken 
the oath of office hereinafter prescribed, the inspector shall place such 
oath and affidavit before the next grand jury of the county. 

6201. (E. S. 1326.) Inspectors— Election board.— 4. Whenever 
^ny board of county commissioners shall designate more than one 
precinct in any township, it shall, at the June term of said board next 
preceding any election, appoint in each precinct in which no township 
trustee resides, as inspector of such election, some qualified voter of 
such precinct who shall have been a freeholder and resident house- 
holder in such precinct for at least one year, or a resident householder 
for at least two years next preceding such election. Such board of 
county commissioners shall hold a special session one week before each 
election, and shall fill all vacancies that may have occurred in the of- 
fice of inspector, and shall fill any vacancy occurring thereafter at any 
regular or called session of the board previous to the election. Such 
appointed inspector shall, before the time of opening the election in 
his precinct, appoint two election judges, if the same have not al- 
ready been appointed, as hereinbefore provided, in the same manner 
and under the same requirements as provided for township trustees 
acting as inspectors, and such judges and inspectors shall constitute 
the board of election for such precinct. If any member of an election 
board shall fail to appear at the hour appointed for the opening of the 
polls, the remainder of the board shall select a member of his political 
party to serve in his stead: Provided , That, if the qualified electors of 
his party present at the polls shall nominate a qualified person for 
such vacancy, such nominee shall be appointed. If none of the mem- 
bers of an election board shall appear at the hour appointed for open- 
ing the polls, the qualified electors present shall elect a board viva voce, 
as nearly as possible in conformity with the provisions hereof. 

6202. (E. S. 1327.) PoU-clerks.— 5. Such board of election shall 
appoint as poll-clerks two qualified electors of such precinct, one from 
each of the two parties that cast the largest vote in the state at the 
last general election: Provided, That if, four days or more prior to 
such election, the chairman of the county central committee of either 
of the two parties that cast the largest number of votes in the state at 
the last general election shall designate a member of such party as 
poU-clerk, such nominee shall be appointed. 

6203. (E. S. 1328.) Forms.— 6. The auditor of each county in the 
state shall make out and cause to be delivered to the inspectors of the 
several precincts in their respective counties, at least ten days previous 
to any election, a suitable number of blank forms of poll-books, con- 
taining one column headed ''Names of voters," and an additional 
column headed ''Number of voters [votes];" and also forms of elec- 
tion returns, with the proper captions, forms of oaths, and forms of 
certificates and tally papers necessary to be used in all elections here- 
after held in this state. 



§ 6204 ELECTIONS. 18 

6204. (E. S. 1329. ) Oath of officers.— 7. Before any election shall 
be opened, the inspector and judges shall each make oath to support 
the constitution of the United States and of this state; to faithfully 
and impartially discharge the duties assigned by law; that they will 
not knowingly permit any person to vote who is not qualified, and Hot 
knowingly refuse the qualified vote of any elector, or cause any delay 
to persons offering to vote, further than is necessary to procure satis- 
factory information of the qualification of such person as an elector; 
that they will not disclose or communicate to any person how any 
elector voted or how any ballot was folded, marked or stamped; and 
that they are now and for one year next preceding have continued to 
be bona -fide residents and freeholders, or bona fide householders, for at 
least two years, of the township in which such precinct is situated; 
and that they have nothing of value bet or wagered upon the result of 
said election, and are not candidates at said election, and that they are 
not related to any person to be vated for at said election within the de- 
grees named in section 3 of this act; which oath shall be in writing or 
printed, and shall be subscribed and executed before some person au- 
thorized by law to administer oaths, which officer shall attach thereto 
his jurat; and such oath shall then be attached to the poll-book, and 
with it return [returned] to the clerk's office of his county, as herein- 
after provided. Which oath shall be in the following form: 

State of Indiana, \ „_ . 

County, P^' 

I do solemnly swear (or affirm as the case may be) that I will support the constitu- 
tion of the United States and of this state ; that I will faithfully and impartially dis- 
charge the duties as inspector or judge of election assigned by law ; that I will not 
knowingly permit any person to vote who is not qualified, and will not knowingly re- 
fuse the vote of any qualified elector, or cause any delay to persons offering to vote 
further than is necessary to procure satisfactory information of the qualification of such 
person as an elector ; that I am now and have been continuously for one year next 
preceding this date a bona fide resident freeholder (or a bona fide resident householder 
for at least two years next preceding this date) of the township in which the precinct 
in which I am to act as a member of the election board is situated ; and that I will not 
disclose or cormnunicate to any person how any elector has voted at such election, or 
how any ballot has been folded, marked or stamped ; that I have nothing of value bet 
or wagered upon the result of said election, and am not a candidate at this election, 
and am not related to any person to be voted for at this election within the degrees 
named in section 3 of the election law. 

Subscribed and sworn to before me this of . 

6205. (E. S. 1330.) Who shall administer oath.— 8. If no person 
present be authorized by law to administer the oath of office, the in- 
spector shall administer the same to the judges, and one of such judges 
shall then administer said oath to the inspector. 

6206. (E. S. 1331.) Inspector's duties.~9. The inspector shall be 
chairman of such board, and before the reception of any votes, shall 
administer an oath to the clerks of the election that they will faithfully 
discharge their duties as such. After the organization of the board of 
elections the inspector may administer all necessary oaths which may 
be required in the discharge of his duties, and all oaths shall be writ- 



19 GENERAL ELECTIONS. § 6207 

ten or printed, and shall be signed by the persons making such oaths 
in the presence of such board of elections, and the person administer- 
ing such oaths shall affix his jurat thereto, and said affidavit shall be 
attached to and returned with the poll lists to the office of the county 
clerk. The oaths herein prescribed for the clerk of elections shall be 
in the following form, namely: 

State of Indiana, \ „„ . 

County. J^®- 

I do solemnly swear (or affirm as the case may be) that I will faithfully and hon- 
estly discharge my duties as clerk of the election in precinct and ward 

( or township) in county, Indiana, and that I will not disclose or 

communicate to any person how any elector voted or how any ballot was folded, marked 
or stamped. 



Subscribed and sworn to before me this day 



6207. (E. S. 1332.) Ballot boxes.— 10. The board of county com- 
missioners of each county shall provide, at the expense of the county, 
two ballot boxes, one painted red, for the reception of the ballots pre- 
pared by the state board of election commissioners, and one painted 
white, for the reception of the ballots prepared by the county board 
of election commissioners for each precinct; each ballot box shall have 
at least two locks of different kinds and combinations, so that the key 
of one will not unlock the other, and be otherwise so constructed as to 
contribute toward the prevention of fraud. 

6208. (E.S. 1333.) Inspection of ballot boxes— Keys.—ll. An open- 
ing shall be made in the lid of each box sufficient only for a single ballot; 
and, at the time the election is opened, the inspector and judges shall 
see that there are no ballots in the, box before the voting begins, and 
shall thereupon securely lock the box, and give one key to one of the 
judges who is in politics opposite to the inspector, the inspector retain- 
ing the other key; and the same shall not be again opened until the 
polls are closed, and the board is ready to immediately proceed with 
the counting. 

6209. (E. S. 1334). Opening and closing election.— 12. The elec- 
tion shall be opened in the forenoon at the hour of 8 o'clock and con- 
tinue open until 4 o'clock of the afternoon, after which the board may 
close the election at any time, when all the electors have voted, or 
when fifteen minutes have passed without a vote having been tendered; 
but the polls shall, in no case, be kept open after 6 o'clock of the 
afternoon; and the polls shall not be closed after 4 o'clock and before 
6 o'clock except by the unanimous consent of all the members of the 
election board; but whenever the polls are closed, proclamation must 
be made of the fact of such closing by the inspector, to the people 
outside, in a loud and audible tone of voice, and a minute of such 
proclamation, and of the time when the same was made, must be en- 
tered on the tally papers by the clerks, and after such minute has been 
made, no more votes shall be received: Provided, That upon the 
petition of twenty legal voters and householders of any precinct in the 
state, presented to the board of county commissioners at their June 



§ 6210 ELECTIONS. 20 

session next preceding any election in the county in which such pre- 
cinct or precincts are situate, petitioning said board for the opening 
of the election at the hour of 6 o'clock in the forenoon, it is ijiade the 
duty of the board of commissioners to grant and enter of record the 
prayer of such precinct petitioners; and it is made the further duty of 
the board to direct the auditor of the county to publish in two news- 
papers of general circulation published in said county, representing 
the leading national political parties opposed to each other, for three 
successive weeks, a notice setting out fully the name of the precinct 
or precincts, and the township, town or city in which such precinct 
or precincts are situated, so petitioning for the opening of the polls at 
6 o'clock in the forenoon, and the board shall enter of record an order 
requiring the polls of every such precinct to be opened accordingly: 
Provided, further, That in all cities and incorporated towns having a 
population of one thousand or more as shown by the last United States 
census, the polls shall be opened at 6 o'clock in the forenoon on the 
day of such election and closed at 6 o'clock in the afternoon of said 
day. 

6210. (E. S. 1335.) Where to vote.— 13. Each elector shall vote 
by ballot in the precinct wherein he resides. 

Such portion of this section as required a registration by voters in certain cases, is 
'Omitted, as being unconstitutional. Morris v. Powell, 125 Ind. 281. 

The act of March 9, 1891 (Acts 1891, p. 350), requiring voters in certain cases to reg- 
ister, is unconstitutional. Brewer v. McClelland, 32 N. E. Rep. 299.' 

6211. (E. S. 1336.) Proclamation of opening. — 14. Before receiv- 
ing the ballot of any elector, the board of election shall cause to be 
proclaimed that such election is opened. 

6212. (E. S. 1337.) Election sheriffs.— 15. It shall be the duty of 
the sheriff of each county to appoint, five days prior to each election, 
two special deputies for each precinct in the county, to be known as 
election sheriffs, who shall attend the polling places in their respective 
precincts, from the opening of the polls to the conclusion of the count. 
It shall be their duty to preserve order at the polls and enforce the 
provisions of the election law under the direction of the election board, 
and make arrests on the demand of a member of the board, or on affi- 
davit, as hereinafter provided. One of such election sheriffs shall be 
chosen from each of the two parties that cast the largest number of 
votes in the state at the last general election; and if at least five days 
prior to such election, the chairman of the county central committee 
of either of such parties, shall nominate a member of his party for 
election sheriff in any precinct, such nominee shall be appointed. If 
any election sheriff shall fail to appear at the opening of the polls, the 
member or members of the election board of his political party shall 
appoint a person to act in his place. Compensation of one dollar and 
fifty cents per day shall be allowed to each election sheriff by the board 
of county commissioners, but no such election sheriff shall be allowed 
for more days' service than members of the election board in the same 
precinct are allowed. No other peace officers of the state, or any divis- 



21 GENERAL ELECTIONS. . § 6213 

ion thereof, shall be allowed within fifty feet of the polls, except to 
serve process of courts or to vote, unless summoned by the election 
sheriffs. No person other than the election ofiicers.shall remain within 
fifty feet of the polls, except when voting: Provided, That each polit- 
ical party may appoint one challenger and one poll-book holder for 
each precinct, who shall be entitled to stand at the sides of the chute 
next to the challenge window. Such challenger and poll-book holder 
shall be appointed in writing by the chairman of the county or other 
local committee of their political party, and shall produce written 
appointments on demand of a member of the election board. It shall 
be lawful for a political party to pay such challenger and poll-book 
holder not more than three dollars for services at any election, but 
not more than one person of any one party shall be paid for services 
in either such capacity in any precinct, and no challenger or poll-book 
holder shall receive any compensation for such services, except from 
the political party he represents. 

(As amended, Acts 1891, p. 124. In force June 3, 1891.) 

6213. (E. S. 1338.) State board of election commissioners. — 16. 

The governor of the state, and two qualified electors by him appointed, 
one from each of the two political parties that cast the largest number 
of votes in the state at the last preceding general election, shall con- 
stitute a state board of election commissioners. Such appointments 
shall be made at least thirty days prior to each general election, and 
if, prior to that time, the chairman of the state central committee of 
either of such parties shall nominate in writing, a member of his own 
party for such appointment, the governor of the state shall appoint 
such nominee. In case of death or disability of either appoirtee, the 
governor of the state shall notify the chairman of the said central com- 
mittee of such appointee's political party, and such chairman may, 
within three days thereafter, recommend a successor, who shall there- 
upon be appointed: Provided, That if such chairman shall fail to make 
recommendations of appointment within the time specified, the gov- 
ernor of the state shall make such appointment of his own selection 
from such political party. It shall be the duty of said board to pre- 
pare and distribute ballots and stamps for election of all ofiicers for 
w^hom all the electors of the state are entitled to vote. In compliance 
with the provisions of the election law. The members of such board 
shall serve without compensation. 

6214. (E. S. 1339.) County board of election commissioners. — 17. 
In each county in the state, the clerk of the circuit court and two per- 
sons by him appointed, one from each of the two political parties that 
cast the largest number of votes in the state at the last general election, 
shall constitute a county board of election commissioners. Said ap- 
pointments shall be made in all respects as appointments to the state 
board of election commissioners are required to be made by the gov- 
ernor of the state, except that the privilege of nomination shall belong 
to the chairmen of the county central committees of the two parties 
aforesaid. It shall be the duty of such board to prepare and distribute 



§ 6215 ELECTIONS. 22 

ballots for election of all officers to be voted for in such county other 
than those who are to be voted for by all of the electors of the state, in 
compliance with the provisions of this act. The members of such 
board shall serve without compensation. 

6215. (E. S. 1340. ) Duties of board.— 18. The said boards of elec- 
tion commissioners shall cause to be printed on the respective ballots 
the names of the candidates nominated by the conventions of any 
party that cast one per cent, of the total vote of the state at the last 
preceding general election, as certified to said boards by the presiding 
officer and secretary of such convention, or in case of primary elec- 
tion, by the chairman and secretary of any county or township 
committee; and also the names of any candidates for any office 
when petitioned so to do by electors qualified to vote for such can- 
didates, as follows: For a state officer, or any officer for whom all 
the electors of the state are entitled to vote, five hundred petition- 
ers; for a representative in congress from any congressional dis- 
trict, two hundred petitioners; for a county officer, member of the 
general assembly, circuit judge or prosecuting attorney, twenty- 
five petitioners; for an officer of a township, ward or other division 
less than a county, twenty petitioners. The signatures to such pe- 
tition need not be appended to one paper, but no petitioner shall be 
counted, except his residence and post-office address be designated. 
Such petition shall state the name and residence of each of such can- 
didates; that he is legally qualified to hold such office; that the sub- 
scribers desire and are legally qualified to vote for such candidates; and 
may designate a brief name or title of the party or principle which said 
candidates represent, together with any simple figure or device by 
which they shall be designated on the ballots. The certificate of nomi- 
* nation l^y a convention or primary election shall be in writing, and shall 
contain the napae of each person nominated, his residence and the office 
for which he is nominated, and shall designate a title for the party or 
principle which such convention or primary election represents, to- 
gether with any simple figure or device by which its list of candidates 
may be designated on the ballots; said certificate shall be signed by the 
presiding officer and secretary of such convention, or by the chairman 
and secretary of the county, city or township committee, who shall add 
to their signatures their respective places of residence, and acknowledge 
the same before an officer duly authorized to take acknowledgments of 
deeds. If the certificate of nomination of any state convention shall 
request that the figure or device selected by such convention be used 
to designate the candidates of such party on the ballots for all elections 
throughout the state, such figure or device shall be so used until 
changed by request of a subsequent state convention of the same party. 
Such device may be the figure of a star, an eagle, a plow, or some such 
appropriate symbol, but the coat of arms or seal of the state or of the 
United States, the national flag, or any other emblem common to the 
people at large shall not be used as such device. A certificate of such 
acknowledgment shall be appended to such instrument. In case of 



23 GENERAL ELECTIONS. ^ § 6216 

death, resignation or removal of any candidate subsequent to nomina- 
tion, unless a supplemental certificate or petition of nomination be 
filed, the chairman of the state, county, city or township committee 
shall fill such vacancy. In case of a division in any party, and claim 
by two or more factions to the same party name, or title, or figure, or 
device, the board of election commissioners shall give the preference 
of name to the convention held at the time and place designated in the 
call of the regularly constituted party authorities, and if the other 
faction shall present no other party name, title or device the board of 
election commissioners shall select a name or title, and place the same 
before the list of candidates of said faction on the ballot, and select 
some suitable device to designate its candidates. If two or more con- 
ventions be called by authorities claimed to be the rightful authorities 
of any party, the properboard of election commissioners shall select 
some suitable devices to distinguish one faction from the other, and 
print the ballots accordingly: Provided, however. That if any political 
party entitled to nominate by convention shall in any case fail to do 
so, the names of all nominees by petition for any office who shall be 
designated in their petitions as members of and candidates of such 
party shall be printed under the device and title of such party on the 
ballots, as if nominated by convention. Certificates and petitions of 
nomination of candidates for oflices to be voted [for] by the electors of 
the entire state shall be filed with the governor of state. Certificates 
and petitions of nomination of candidates for offices to be voted for by 
electors of any district or division of the state exclusively shall be filed 
with the clerks of the circuit courts of the counties or county included 
in or including such district or division. 

6216. (E. S. 1341.) Petitions of nomination. — 19. If any certificate 
or petition of nomination shall contain the name of more than one 
candidate for any office to be filled, neither name shall be printed as a 
candidate for such office. If any person shall join in nominating by 
petition more than one nominee for any office to be filled, such person 
shall not be counted as a petitioner for either nomination. If any person 
has been nominated as a candidate for any office by convention, and 
also as a candidate for the same office by petition, his name shall be 
placed on the ballot but once, to wit: In the list of candidates nomi- 
nated by such convention; and the place occupied by his name in such 
petition shall be left blank: Provided, That if such candidate shall, in 
writing, prior to the last day for filing nominations, request that his 
name be printed as nominated by petition, it shall be so printed, and 
shall be omitted from the list nominated by convention. 

(As amended, Acts 1891, p. 125. In force June 3, 1891;) 

6217. (E. S. 1342. ) Petitions and certificates to be preserved.— 20. 

The governor of the state and county clerks shall cause to be preserved 
in their respective offices all certificates and petitions of nomination 
filed therein under the provisions of this act for six months after the 
election for which such nominations were made. 

6218. (E.S.1343.) When to be filed.— 21. Certificates and petitions 



§ 6219 ELECTIONS. 24 

of nominations filed with the governor of the state, shall be filed not 
more than sixty days, and not less than twenty days, before the day fixed 
by the law for the election of the persons in nomination. Certificates and 
petitions of nomination herein directed to be filed with the clerk of a 
county, shall be filed not more than sixty and not less than fifteen 
days before election. 

6219. (E. S. 1344.) Certificate of governor.— 22. Not less than 
eighteen days before an election of the state to fill any public office for 
which all the electors are entitled to vote, the governor of the state 
shall certify to the county clerk of each county the name and the place 
of residence of each person nominated for such office, as specified in 
the certificates and petitions of nominations filed with the governor of 
the state, and shall designate therein the device under which the group 
or list of candidates of each party will be printed, and the order in 
which they will be arranged. 

Section 1345, Ell. Supp., being section 23 of the act of 1889, providing for publication 
of nominations, was amended by act of 1891, Acts 1891, p. 126, and this amendment 
was repealed by act of 1893, Acts 1893, p. 154, and such repealing act provides that the 
original section shall not be revived, but is also repealed. 

6220. (E. S. 1346.) Decimation of nominees.— 24. The governor 
of the state shall not certify the name of a candidate whose certificate of 
nomination shall have been filed in his office who shall have notified 
him in a writing signed and executed with the formalities prescribed 
for the execution of an instrument to entitle it to record that he will 
not accept the nomination contained in the certificate or petition of 
nomination. The county clerk shall not include in the publication to 
be made according to section 23 hereof, the name of any candidate 
whose certificate, or petition, of nomination shall have been filed in 
his office who shall have notified him in like manner that he will not 
accept the nomination. The names of such candidates shall not be 
included in the names of the candidates to be printed in the ballots as 
hereinafter provided. 

6221. (E. S. 1347. ) Proposed constitutional amendment. — 25. When- 
ever a proposed constitutional amendment or other question is to be sub- 
mitted to the people of the state for popular vote, the secretary of state 
shall duly, and not less than thirty days before election, certify the 
same to the clerk of each county in the state, and the clerk of each 
county shall include the same in the publication provided for in sec- 
tion 23 in this act. 

6222. (E. S. 1348.) Form of ballot— 26. The board of election 
commissioners shall cause the names of all candidates of their respec- 
tive jurisdictiolis to be printed on one ballot, all nominations of any 
party or group of petitioners being placed under the title and device 
of such party or petitioners as designated by them in their certificate 
or petition, or if none be designated under some suitable title and de- 
vice. The ballots shall be of uniform size and of the same quality and 
color of paper, and sufficiently thick that the printing can not be dis- 
tinguished from the back. All ballots prepared by the state board of 



25 



GENERAL ELECTIONS. 



§ 622'3 



election commissioners shall be printed on red tinted paper and put up 
in blocks of one hundred each. All ballots prepared by the county 
boards of election commissioners shall be printed on white paper. If 
the same device for designating candidates be selected by two parties or 
groups of petitioners, it shall be given to the one which first selected 
it, and a suitable device shall be selected for the other. The device 
named and list of candidates of the democratic party shall be placed in 
the first column on the left hand side of said ballot; of the republican 
party in the second column; of the prohibition party in the third col- 
umn, and of any other party in such order as the board of election 
commissioners shall decide. The device of each party shall be enclosed 
in a square of not less than one and one-half inches on each side, and 
shall be placed at the head of the list of candidates of the party. Im- 
mediately under it shall be placed the name or title of the party ticket, 
and immediately under the name or title the list of candidates of the 
party, such names being placed three-fourths of one inch apart from 
center to center of the name, the name of each candidate having im- 
mediately on its left a square three-eighths of an inch on each side, 
and the general arrangement of the ballot shall conform as nearly as 
possible to the following: 



Device. 



Device. 



Device. 



Democratic Ticket. 
For Governor. 
Dem. Courtland C. Matson. 



For Lieut.-Govemor, 



Dem. William R. Myers. 



Republican Ticket. 
For Governor. 
Rep. Alvin P. Hovey. 
For Lieut. Governor, 
Ira J. Chase. 



Prohibition Ticket. 
For Governor. 
Joseph D. Hughes. 



Pro. 



Rep. 



Pro. 



For Lieut. -Governor, 
Robert Gale 



(As amended, Acts 1891, p. 126. In force June 3, 1891.) 

622B. (E. S. 1349.) Nomination to fill vacancy.— 27. In case of 
the death, removal or resignation of any candidate after the printing 
of such ballots and before such election, it shall be lawful for the 
chairman of the state, district or county political organization of which 
such candidate was a member to make a nomination to fill such va- 
cancy, and to provide the election board of each precinct in which 
such candidate is to be voted for with a number of pasters containing 
only the name of such candidate at least equal to the number of bal- 
lots provided each precinct, but no pasters shall be given to or re- 
ceived by any one except such election board and such chairman, and 
it shall be the duty of the polling clerks to put one of such pasters, in 
a careful and proper manner and in the proper place, on each ticket 
before they shall sign their initials thereon. 

6224. (E. S. 1350.) Printer— Felony.— 28. If the printer of such 
ballots, or any person employed in printing the same, shall give or 
deliver, or knowingly permit to be taken, any of said ballots by any 
person other than a member of the board of election commissioners,- 



§ 6225 ELECTIONS. 26 

for which such ballots are being printed, or shall print or cause or 
permit to be printed any ballot in any other form than the one pre- 
scribed by this act, or with any other names thereon, or with the 
names spelled or the names or devices thereon arranged in any other 
way than that authorized and directed by the said board of election 
commissioners, he shall be guilty of felony, and on conviction thereof 
shall be imprisoned in the state penitentiary not less than three nor 
more than ten years, and be disfranchised for any determinate period 
not less than ten years. 

6225. (E. S. 1351. ) Distributing: ballots.— 29. It shall be the duty of 
each county clerk to appear in person, or by specially authorized 
deputy, bearing credentials given under the seal of the circuit court, at 
the office of the governor of the state not more than sixteen, nor less 
than ten days prior to each general election, and the state board of 
election commissioners shall thereupon deliver to the said clerk ten 
ballots for every five voters and fraction thereof in each precinct of 
his county at the last presidential election, or if a new precinct has 
been established in such county, ten ballots for every five voters of the 
estimated vote as reported by the board of county commissioners: Pro- 
mded, however, That if it shall be made to appear by the affidavit of 
such clerk that any precinct has so increased in population as to have 
fifty per cent, more voters- than at last presidential election, or at the 
time of estimate by the board of county commissioners, the state board 
of election commissioners shall deliver to him two ballots for every 
voter so declared by him under oath to be resident in said precinct. 
The ballots shall, in the presence of the clerk, be wrapped and tied in 
packages, plainly marked, one for each precinct, and securely sealed 
with wax, and the clerk shall give his receipt for the same. And for 
the safe sealing of such ballots, such board shall provide itself with a 
seal of such design as it may deem proper, but the same design shall 
not be used for any two consecutive elections. The state board of 
election commissioners shall also provide and inclose in each of said 
sealed packages three stamps bearing a cross (X), or such other device 
as they may select, together with the ink-pads or other necessary ap- 
paratus ready for use. In addition to the precinct packages, the state 
board of election commissioners shall deliver to each clerk a package, 
wrapped and sealed in his presence, containing two thousand state 
ballots, and twelve stamps with their necessary ink-pads, which pack- 
age shall remain in the custody of the county board of election com- 
missioners and shall not be opened by them except for the purpose of 
supplying a precinct whose ballots or stamps have been lost or de- 
stroyed, on due showing of such fact as hereinafter provided. The 
state board of election commissioners shall, from time to time, certify 
to the auditor of state the necessary expenses of the preparation and 
distribution of the state ballots and stamps, and the auditor shall audit 
and issue his warrants for the same, which shall be paid out of any 
funds in the state treasury not otherwise appropriated. 

(As amended, Acts 1891, p. 127, In force June 3, 1891.) 



27 GENERAL ELECTIONS. § 6226 

6226. (E. S. 1352.) Allowance to clerk— Special messenger.— 30. 

An allowance shall be made to the clerk by the board of county com- 
missioners of five cents per mile for the distance necessarily traveled 
in going to and returning from the office of governor of the state; but 
in case said clerk of any county shall fail to appear at the office of the 
governor of the state by the close of the tenth day prior to election, 
the state board of election commissioners shall forthwith dispatch a 
special messenger to such county with the ballots for the county; 
which messenger, before receiving such ballots, shall take and sub- 
scribe to an oath, to be administered to him by the secretary of state, 
which oath shall be filed with said board of election commissioners, 
and shall be in the words following: 

State of Indiana, \ . 
County of Marion, J ^^ * 

I, , swear (or affirm, as the case may [be],) that I will take charge of the 

election ballots delivered to me by the state board of election commissioners for 

the county of , and will safely deliver said ballots in the sealed packages, and in 

the same condition as received by me, to the clerk of said county at the earliest time 
that I can reach the county seat of said county. So help me God. . 

Subscribed and sworn to before me this day of , 18 — . . 

And in such case said messenger shall be allowed three dollars per 
day for the time necessarily employed, and three cents per mile for the 
distance necessarily traveled by him, which allowance shall be certi- 
fied to the treasurer of such county, and deducted from the first 
moneys thereafter accruing to such clerk payable by the treasurer. 
The amount so deducted shall be remitted by the county treasurer to 
the treasurer of state. 

6227. (E. S. 1353.) Permitting ballots to be taken— Felony.— 31. 
If any member of the board of election commissioners shall give or de- 
liver to any other person any of said ballots, or shall permit any of 
them to be taken away except as herein provided, he or they shall be 
guilty of a felony, and on conviction shall be punished by imprison- 
ment in the state penitentiary for not less than three nor more than 
ten years, and be disfranchised for any determinate period not less 
than ten years. 

6228. (E. S. 1354.) Removing ballots— Felony.— 32. If any per- 
son shall take or remove in any manner, feloniously or with the con- 
sent or permission of the custodian for the time, from any place where 
they may lawfully be under this act, any of such^allots or stamps, or 
be found in custody or possession of such ballots or stamps (except as 
an official or custodian under this act, or while within the polling 
place for the purpose of voting); or if any such custodian or official 
shall consent to, or permit, any of such ballots or stamps to be removed 
or carried away from the place where they may lawfully be by any 
person, except an official or custodian under this act whose duty it is 
to receive the same, such person, custodian or official shall be deemed 
guilty of a felony, and on conviction shall be punished by imprison- 
ment in the penitentiary at hard labor for not less than three nor more 



I 



§ 6229 ELECTIONS. 28 

than ten years, and be disfranchised for any detorminate period not 
less than ten years. 

6229. (E. S. 1355.) Delivery of ballot s.~3 3. It shall be the duty 
of each election inspector, or in case he can not attend, some other 
member of the election board authorized in writing by the inspector, to 
appear at the office of the clerk of circuit court of his county not more 
than three nor less than two days before election, and the county board 
of election commissioners shall deliver to him the sealed package of 
ballots and the stamps provided for his precinct by the state board of 
election commissioners, and also ten of the local ballots printed under 
the direction of the county board of election commissioners for each 
five or fraction thereof of the number of votes cast at such precinct at 
the last presidential election, or if a new precinct for each five or frac- 
tion of five voters, as estimated by the county commissioners: Provided, 
however. That in case it be made to appear by affidavit of such inspector 
that the number of voters in his precinct has increased more than 50 
per cent, since the last presidential election or estimate by the board of 
county commissioners, there shall be delivered to him two ballots for 
each voter so declared under oath by him to reside in the precinct. 
The local ballots' shall be wrapped and tied in packages and securely 
sealed with wax in the presence of said inspector or his representative, 
who shall receipt for the same; and for the safe sealing of such ballots 
the county board of election commissioners shall provide themselves 
with a seal of such design as they may deem proper, but the same de- 
sign shall not be used at any two consecutive elections, and said pack- 
ages shall not be opened until delivered to the election board of the 
respective voting precincts to which they are directed, and said boards 
shall be fully organized and ready for the reception of votes, as in this 
act provided. 

6230. (E. S. 1356.) Opening sealed baUots— Poll clerks.— 34. At 
the opening of the polls, after the organization of, and in the presence 
of, the election board, the inspector shall open the packages of ballots 
in such a manner as to preserve the seals intact. He shall then de- 
liver to the poll clerk of the opposite political party from his own, 
twenty-five each of the state and local ballots, and to the other poll 
clerk the stamps for marking the ballots. The poll clerks shall at 
once proceed to write their initials in ink on the upper right hand 
corner of the back of each of said ballots, in their ordinary hand writ- 
ing, and without any distinguishing mark of any kind. As each suc- 
cessive elector calls for a ballot the poll clerks shall deliver to him 
the first signed of the twenty-five ballots of each kind; and the inspec- 
tor shall immediately deliver to the poll clerks another ballot of each 
kind, which the poll clerk shall at once countersign as before, and add 
to the ballots already countersigned, so that it shall be delivered for 
voting after all those theretofore countersigned. 

(As amended, Acts 1891, p. 128. In force June 3, 1891.) 
The provision that clerks of the election shall indorse the ballots is mandatory, but 
the provision as to the place of indorsement is only directory. Parvin v. Wimberg, 
130 Ind. 661. 



29 GENERAL ELECTIONS. § 6231 

6231. (E. S. 1357.) Duties of county board — Instructions to 
voters. — 35. The county board of election commissioners of each 
county shall cause to be printed in large type on cards, in English 
and such other language as they deem necessary, instructions for the 
guidance of electors in preparing their ballots. They shall furnish 
twelve of such cards in each of the languages determined upon by 
them to each of the election inspectors at the same time they deliver 
to him the ballots for his precinct. Each inspector shall cause to be 
posted one of each of said cards in each place or compartment provided 
for the preparation of ballots, and one of each kind of such cards at or 
near to the outer end of the chute leading to the polling place, and not 
nearer than fifty feet of the polling place, and not less than three of 
each of such cards, and three samples of each of the state and local 
ballots in and about the polling place at the opening of the polls on 
the day of election, which sample ballots shall be printed on different 
colored paper than the genuine ballots. Said cards shall contain full 
instructions to the voters as to what must be done: First, to obtain 
ballots for voting; second, to prepare the ballots for voting; third, to 
obtain a new ballot in place of one accidentally defaced, mutilated or 
spoiled; also, copies of sections 43, 50, 55, 56, 59 and 60 of this act. 

6282. (E. S. 1358.) Special messenger. — 36. In case any in- 
spector or his representative shall fail to appear at the office of the 
county clerk by the close of the second day prior to any election, the 
county board of election commissioners shall forthwith dispatch a 
special messenger to his precinct with the ballots and stamps for such 
precinct. Such messenger shall be allowed two dollars for his time 
and five cents per mile for the distance necessarily traveled by him, 
and shall promptly report to such clerk and file with him the receipt 
of the person to whom he delivered such ballots and stamp, and his 
affidavit stating when and to whom he delivered such ballots and 
stamps, and such inspector shall receive no compensation for his serv- 
ices at such election. 

6283. (E. S. 1359.) Inspector failing to appear.— 37. Any in- 
spector who shall willfully or negligently fail to appear at the clerk's 
office in person or by representative, as herein provided, shall be guilty 
of [a] misdemeanor, and on conviction shall be fined not less than 
ten dollars, nor more than one hundred dollars, and shall thereafter 
be incompetent to serve as inspector. 

6284. (E. S. 1360.) Loss of ballots.— 38. If by any accident or 
casualty the ballots delivered to any clerk, inspector or other messen- 
ger shall be lost or destroyed, it shall be the duty of such person in 
custody to report the loss at once to the board of election commis- 
sioners, from which the same were obtained, and make affidavit of the 
circumstances of the loss, whereupon such board shall at once resupply 
such person. In case such person in custody fails or refuses to report 
and make proof of the loss, any qualified elector may do so, and there- 
upon such board shall at once send a new supply by special messenger, 
as provided in other cases. In case, for any reason, there should be 



I 



§ 6235 ELECTIONS. 30 

found no ballots or other necessary means or contrivances for voting 
at the opening of the polls, it shall be the duty of the election board 
to secure the same as speedily as possible, and if necessary, such board 
may have ballots printed: Provided, however, That such ballots shall 
conform as nearly as possible to the genuine ballots, and the printing 
and the care of the same shall be under the same provisions and penal- 
ties as the printing and care of the other ballots prescribed in this act. 
6285. (E. S. 1361.) Preserving and destroying ballots left over. — 
39. The various boards of election commissioners shall preserve the 
ballots that are left over in their hands after supplying the precincts 
as hereinbefore provided, until 6 o'clock p. m. of the day of election, 
and shall then count and destroy, by totally consuming by fire, all of 
such ballots but one, which shall be securely pasted in the election 
record immediately preceding the place where the vote is to be recorded. 
They shall also cause to be entered below such ballot the number of 
ballots printed by them, the number delivered to each messenger and 
the number destroyed by them. 

6236. (E. S. 1362.) Eoom for holding election.— 40. It shall be 
the duty of the county commissioners in each county, before each elec- 
tion, to provide for and secure in each precinct of the county a suita- 
ble room in which to hold the election, and to have placed therein a 
railing separating the part of the room to be occupied by the election 
board from the remainder of the room, and also three booths or com- 
partments in which electors shall mark their ballots screened from 
observation, each containing a counter or shelf. Booths shall be so 
constructed and arranged that all the members of the election board 
can see whether more than one voter enters any one of such booths at 
one time. The portion of the room set apart for the election board 
shall include a window at which the voter shall appear for challenge, 
and such voter shall immediately announce his full and true name to 
the challengers. The board of county commissioners shall also pro- 
vide for each precinct a chute or passage with a railing, rope or wire 
on each side, commencing fifty feet away from, and leading to such 
polling place passing such window for challenge, and thence to the en- 
trance of the room in which the election is held. The expenses of such 
preparation shall be defrayed as other expenses of the county by the 
board of county commissioners. No election shall be held in a room 
in which spirituous, vinous or malt liquors are kept or sold. 

6237. (E.S.1363.) Who may stand near polls— Challengers— Tot- 
ing — Swearing in. — 41. One challenger and one poll-book holder, ap- 
pointed and designated by each party organization, shall be entitled to 
stand at the sides of the chute near the challenge window. No other 
person shall remain within fifty feet of the same, except for the pur- 
pose of offering his vote; and voters shall approach and enter the chute 
in the order in which they appear for the purpose of voting. If 
any person offering to vote shall be challenged by one of such chal- 
lengers, or by any member of the election board, he shall stand aside 
and shall not be entitled to vote unless he makes affidavit in writing 



31 GENERAL ELECTIONS. § 6237 

that he is a qualified and legal voter of the precinct, and in such affi- 
davit sets forth his name, residence, occupation, place or places of 
residence during the six months prior to the election, with the date 
of any removal within that time, and the names of two persons who 
have personal knowledge of his residence in the precinct thirty days 
and in the township sixty days, and shall, in case he be a person re- 
quired by this act to be registered, also produce the necessary certificate 
of registration provided for in this act. He shall then be allowed to 
vote, unless the challenger, or some qualified voter of the precinct, 
make affidavit in writing that he knows or is informed and verily be- 
lieves that the person offering to vote is not a legal voter in the precinct; 
and if the affidavit be on information and belief, he shall set forth the 
names of the person or persons from whom such information was ob- 
tained, and the person offering to vote shall not thereafter be allowed 
to vote, except one qualified voter of the precinct, who has been a free- 
holder and resident householder in the precinct for at least one year 
or a resident householder for two years next preceding such election 
shall make affidavit or affirmation in writing that of his personal 
knowledge such person offering to vote is a legal voter at the precinct: 
Provided, That if such person so offering to vote be challenged solely 
or for the additional reason that he is not a citizen of the United 
States, then such person so challenged for such reason shall take and 
subscribe the following oath: 

I do solemnly swear (or affirm, as the case may be) that I have resided in the United 
States one year, and have declared my intention of becoming a citizen thereof in con- 
formity with the laws thereof. 

The other affidavits herein referred to shall be in the following form: 

I do solemnly swear (or affirm, as the case may be) that I am a citizen of the United 
States ; that I am now over the age of twenty-one years, to the best of my information 
and belief, and that I have been a bona fide resident of this state for six months imme- 
diately preceding this election ; that I have resided in the township sixty days and in 
the precinct thirty days, and that I am now a bona fide resident of this precinct; that I 

am generally known by the name in which I now desire to vote, which is ; that 

I have not voted and will not vote in any other precinct in this election ; that my oc- 
cupation is ; that my present residence is (if in the city or town give the 

street or number) , and that during the last six months prior to this election I have re- 
sided at . I have removed from to on the following date -, 

and that and have personal knowledge of my residence in the precinct 

thirty days and in the township sixty days, 

I swear that I am informed and believe that , now offering to vote, is not a 

legal voter in this precinct, and that I obtained such information from — and . 

I do solemnly swear (or affirm, as the case may be) that I am a qualified voter in 
this precinct ; that I have been a freeholder and a resident householder in this pre- 
cinct for one year, or a resident householder for two years next preceding this elec- 
tion ; that , who now desires to vote has resided in this state for six months im- 
mediately preceding this election ; that he has resided in this township sixty days and 
in this precinct thirty days, at ; that he is now a bona fide resident of this pre- 
cinct and a legal voter therein. These facta I know of my own personal knowledge. 

When a voter complies with the law the judges of election can not refuse his vote. 
State V. Bobb, 17 Ind. 536. 



§ 6238 ELECTIONS. 32 

Judges of an election are only liable to a voter for refusing his vote when they act 

maliciously. Carter v. Harrison, 5 Blkf. 138. 

6238. (E.S.1364.) Arrestoiillegal voter.— 42. If at any time during 
the election any qualified elector shall make affidavit before the in- 
spector that any person who has voted is an illegal voter in such pre- 
cinct, the person accused shall at once be arrested by the election 
sheriffs and by them delivered to the civil authorities. Immediately 
after the close of the election the inspector shall deliver such affidavit 
to some justice of the peace in the township, who shall proceed thereon 
as if the affidavit had been made before him. 

6239. (E. S. 1365.) False aSidavit— Perjury.— 43. Whoever shall 
knowingly or willfully make a false affidavit, under any of the pro- 
visions of this act, shall be deemed guilty of perjury. 

6240. (E. S. 1366.) Work limited and prohibited on election day. 
— 44. No person entitled to vote at any general, national, state or 
county election, shall be employed upon the day on which such elec- 
tion shall be held in any manufacturing, mining, mechanical or mer- 
cantile establishment, or any railroad corporation in this state during 
the period of four hours after the opening of any election in the county 
in which such person is entitled to vote, except as to works of neces- 
sity, in which works of necessity, every employe shall be given some 
period of four hours between the opening and closing of the polls on 
said day; and any circuit court may enforce the provisions of this sec- 
tion in term time or in vacation by mandate, or otherwise, upon the 
application of any voter: Provided, however, That in any such estab- 
lishment or corporation the employer or employes may agree on any 
four hours between the opening and closing of the polls, that will be 
most convenient. Every officer of any corporation, owner, superin- 
tendent, overseer or foreman, who employs or permits to be eniployed, 
any person in violation of this section, shall be guilty of a misde- 
meanor, and fined not less than fifty nor more than five hundred 
dollars. 

(As amended, Acts 1891, p. 129. In force June 3, 1891.) 

6241. (E. S. 1367.) Manner of voting.— 45. When a voter shall 
have been passed by the challengers, or shall have sworn in, he shall 
be admitted to the election room: Provided, however. That not more 
than three voters shall be allowed in the room at one time. On enter- 
ing the room the voter shall announce his name to the poll clerks, who 
shall register it. The clerk holding the ballots shall deliver to him 
one state and one local ballot, and the other clerk shall thereupon de- 
liver to him a stamp, and both poll clerks, on request, shall give ex- 
planation of the manner of voting; if deemed necessary, by unanimous 
consent of the board, an interpreter may be called. The voter shall 
then, and without leaving the room, go alone into any of the booths 
which may be unoccupied and indicate the candidates for whom he 
desires to vote by stamping the square immediately preceding their 
names, and indicate his preference on any question of constitutional 
amendments or other special matter by stamping in front of the words 



33 GENERAL ELECTIONS^ § 6242 

^'Yes*' or "No'* under such questions: Provided, however, That if he 
shall desire to vote for all candidates of one party or group of peti- 
tioners, he may place the stamp on the large square enclosing the 
device and preceding the title under which the candidates of such party 
or group of petitioners are printed, and the vote shall then be counted 
for all the candidates under that title. If the voter stamps the large 
square enclosing the device, he shall not stamp elsewhere on the bal- 
lot, unless there be no candidate for some office in the list printed 
under such stamped device, in which case he may indicate his choice 
for such office by stamping the square to the left of the name of any 
candidate for such office on any other list; a stamp on a ballot in vio- 
lation of this provision shall be treated as a distinguishing mark. If 
a stamp touches a square it shall be counted on the square, but a 
stamp that touches no square shall be treated as a distinguishing 
mark. Before leaving the booth or compartment, the voter shall fold 
his ballots separately, so that no part of the faces thereof shall be ex- 
posed, and so that the initials of the poll clerks shall be exposed, and 
on leaving the booth or compartment shall return the stamp to the 
poll clerk and deliver the ballots to the inspector, or to the judge who 
may temporarily be authorized to act for him, who shall forthwith, in 
the presence of the voters and of the election board, deposit the same 
in the respective ballot boxes, the state ballot in the red ballot box, 
and the local ballot in the white ballot box; and the ballot clerks shall 
write the word "voted" after the name of the voter on the poll lists: 
Provided, however, That if any elector shall show his ballot, or any 
part thereof, to any other person, after the same shall have been 
marked, so as to disclose any of the candidates voted for, such ballot 
shall not be deposited in the ballot box. A minute of such occurrence 
shall be made on the poll list, and such person will not be allowed to 
vote thereafter. If a voter shall offer to vote a ballot so folded as not 
to disclose the initials of the poll clerks and also not disclosing the 
face of the ballot, the election board shall direct him to return to the 
booth and fold his ballot properly. After voting, the voter shall leave 
the room, but no voter to whom a ballot and stamp, or either, have 
been delivered shall be permitted to leave the room without voting the 
ballots or returning them to the poll clerk, or without returning the 
stamp to the poll clerk from whom he received it. Any voter who 
shall attempt to leave the room with a ballot or stamp in his posses- 
sion shall be at once arrested on demand of any member of the elec- 
tion board. 

(As amended, Acts 1891, p. 129. In force June 3, 1891.) 

If a voter indicates his choice by stamping the square opposite the name of a candi- 
date, the stamp must touch the square. Parvin v. Wimberg, 130 Ind. 561. 

If by mistake a ballot is put in the wrong ballot-box, such fact will not prevent the 
ballot from being counted. Parvin v. Wimberg, 130 Ind. 561. 

6242. (E. S. 1368.) Paster ballots.— 46. In addition to the stats 
and local ballots which the clerk is to deliver to the voter in the elec- 
tion-room under the provisions of section 45 of the act of which this 



§ 6242 ELECTIONS. 34 

act is an amendment, the voter may take with him into the booth a 
printed ballot or ballots of his own selection or preparation to be known 
as a paster ballot or ballots, and designed to be pasted upon either 
such state or local ballot, or upon each of them. If such paster ballot 
is designed to be pasted upon the state ballot, it shall be in the nature 
of a complete ticket and shall contain a complete list of all offices to 
be filled at the election where used by the vote of the electors of the 
whole state, and shall contain the name of one person for each and 
every one of such offices. If such paster ballot is designed to be pasted 
upon the local ballot it shall be in the nature of a complete ticket, and 
contain a complete list of all offices to be filled at such election for the 
filling of which the electors of the county where used are entitled to 
vote other than offices which are filled by the vote of the electors of the 
whole state, and it shall also contain the name of one person for each 
and every one of such offices in such list. The said paster ballots 
shall be in the form indicated as follows: 

For Governor, 

COURTLAND C. MaTSON. 

For Lieutenant-Governor, 
William R. Myers. 

They shall be printed in plain black ink upon white paper. The paper 
shall not be more than two inches in width, and of sufficient length 
to contain the complete list of offices and names as above specified. 
The names of the persons upon said list, as well as of the offices, shall 
be printed one below another in the manner above indicated. The 
distance from the center of the name of any person in such list to the 
center of the name of the person immediately below in such list, shall 
be three-fourths of an inch, in order that the names in such list when 
pasted upon the state or local ballot will conform to the squares thereon. 
Such pasters shall contain no heading, no printing save as above in- 
dicated, no writing, no blank nor any distinguishing marks of any 
kind whatever. Such paster ballot may be gummed upon the back 
and pasted upon the state or local ballot accordingly as it is designed 
in such manner as that the squares upon the state or local ballot to 
the left of any list of names printed thereon, v/ill come immediately to 
the left of, and opposite respectively the names printed upon such 
paster ballot and in such manner as that the state or local ballot will 
not show when folded that it contains a paster. The voter may then 
indicate his choice for any office by stamping the square upon the 
state or local ballot immediately to the left of the name printed upon 
such paster ballot when pasted. He shall in no other manner attempt 
to indicate his choice. Any stamps upon the state or local ballot else- 
where shall be deemed a distinguishing mark and render the ballot 
void. If the ballot contains no distinguishing mark, the election 
board shall deem and count as the voter's choice the names of the per- 
sons upon such paster ballot having the square immediately to the left 
stamped, and they shall count none other. It shall be unlawful for 



35 GENERAL ELECTIONS. § 6243 

any person to use the paster ballot provided for in this section unless 
he desires to vote for one or more persons for one or more offices re- 
spectively to be filled at such election, the names of which person or per- 
sons are not printed upon the state or local ballot, as the case may be, 
as a candidate or candidates for such office or offices respectively. And 
ally paster which contains the names of persons only for the respective 
offices whose names are printed upon the state or local ballots as can- 
didates for the same offices respectively shall be void and the ticket 
containing the name, shall not be counted. The voter who attempts to 
use a paster ballot under the provisions of this section must* prepare 
or select a paster ballot containing a complete list of names for every 
office for whom he desires to vote and must vote for names contained 
upon the paster and none other. If a state or local ballot contains a. 
paster placed thereon by the voter, as provided for in this section, any 
stamp upon such state or local ballot other than are on the squares at, 
the left of the paster ballot, shall be deemed a distinguishing mark 
and render the whole ticket void. Every violation of the provisions, 
of this section by a voter shall be deemed to be an attempt to distin- 
guish his ballot and shall render the same entirely void. 
(As amended, Acts 1891, p. 130. In force June 3, 1891.) 

624B. (E. S. 1369.) Number in booths— Mutilation of baUots.— 

47. Not more than one person shall be permitted to occupy any booth 
at one time, and no person shall remain in, or occupy a booth longer 
than may be necessary to prepare his ballot, and in no event longer 
than five minutes. Not more than three persons other than the elec- 
tion officers shall be permitted to enter, or be in the election-room at 
any one time, and no voter or person offering to vote shall hold any 
conversation or communication with any other person than a member 
of the election board while in the election-room. Any person who 
shall by accident or mistake spoil, deface or mutilate his ballot may, 
on returning the same to the poll clerks, and satisfying them that such 
spoiling, defacing or mutilation was not intentional, receive another- 
in place thereof, and such clerks shall make a minute of the fact on 
the poll list at the time, and the mutilated ballot shall then be de- 
stroyed by the elector in the presence of the board. 

(As amended, Acts 1891, p. 132. In force June 3, 1891.) 

6244. (E. S. 1370.) Voters unable to read English.— 48. Any 

elector who declares that by reason of physical disability, or inability 
to read the English language, he is unable to mark his ballot, may 
declare his choice of candidates to the poll clerks, who, in the presence 
of the elector and in the presence of each other, shall prepare the bal- 
lots for voting in the manner hereinbefore provided, and on request 
shall read over to such elector the names of the candidates as marked. 
Any one making a false declaration under the provisions of this sec- 
tion shall, upon conviction, be fined in any sum not exceeding five 
dollars, and be disfranchised for a period of five years, and any poll 
clerk or poll clerks who shall deceive any elector in selecting or mark- 



§ 6245 ELECTIONS. 36 

ing any ballot, or mark the same in any other way than as requested 
by said elector, shall be guilty of felony, and on conviction, shall be 
imprisoned in the penitentiary for not less than two nor more than 
five years, and be disfranchised for any determinate period not less 
than five years. 

6245. (E.S.1371.) Distinguishing marks— Penalty. — 49. No inspect- 
or of election, or judge acting for an inspector, shall deposit any ballot 
mpon which the initials of the poll clerks, as hereinbefore provided 
for, does not appear, or any ballot on which appears externally any 
distinguishing mark, defacement or mutilation. If any inspector, 
judge, poll clerk or other person entrusted with the custody or control 
^of any ballot or ballots, either before or after they have been voted, 
shall in any way mark, mutilate or deface any ballot, or place any dis- 
tinguishing mark thereon, either for the purpose of identifying the same 
(except by numbering protested ballots for future reference), or for 
the purpose of vitiating the same, he shall be guilty of a felony, and 
on conviction, shall be imprisoned in the state's prison not more than 
ten nor less than five years, and fined in any sum not exceeding two 
thousand dollars. 

(As amended, Acts 1891, p. 133. In force June 3, 1891.) 

6246. (E. S. 1372.) Eemoving ballot from election room — Penalty. 

— 50. Any person who shall remove or attempt to remove a ballot or 
stamp from the election room, or having in his possession outside the 
election room any ballot or stamp, either genuine or counterfeit, dur- 
ing the election, shall be guilty of felony, and on conviction, shall be 
imprisoned in the penitentiary not less than two nor more than five 
years, and be disfranchised for any determinate period not less than 
ten years. 

6247. (E. S. 1373.) Counting and destroying ballots.— 51. Im- 
mediately on closing the polls, the board shall count all the ballots re- 
maining unvoted, record the number of the same on the tally sheets, 
and destroy all of such ballots by totally consuming by fire. 

6248. (E. S. 1374.) Canvassing .votes— Destroying ballots.— 52. 
The board shall then proceed to canvass the votes, beginning first with 
the state ballots and completing them before proceeding with the local 
ballots, by laying each ballot upon the table in the order in which it 
is taken from the ballot box, and the inspector and the judge of the 
election, differing in politics from the inspector, shall view the ballots 
as the names of the persons voted for are read therefrom. In the can- 
vass of the votes any ballot which is not endorsed with the initials of 
the poll clerks, as provided in this act, and any ballot which shall 
bear any distinguishing mark or mutilation shall be void and shall 
not be counted, and any ballot or part of a ballot from which it is im- 
possible to determine the elector's choice of candidates, shall not be 
counted as to the candidate ©r candidates affected thereby: Provided y 
however, That on protest of any member of the board such ballot, and 
all disputed ballots shall be preserved by the inspector, and at the 
close of the count placed with the seals of the ballot packages in paper 
bags, securely sealed, and so delivered to the clerk of the county v/ith 



37 GENERAL ELECTIONS. § 6249 

notification to him of the number of ballots so placed in such bags, 
and of the condition of the seals of the ballot packages. The poll 
clerk shall also record on the tally sheets, memoranda of such ballots 
and the condition of the seal of the ballot packages, and in any con- 
test of election such ballots and seals may be submitted in evidence. 
On completing the count and recording the same on the tally sheets, 
all the remaining ballots, except those marked, mutilated or otherwise 
defective, as in this section hereinbefore described, shall be destroyed 
by the election board by totally consuming by fire before adjournment, 
and thereupon the election board shall immediately make a memoran- 
dum of the total vote cast for each candidate and deliver a copy thereof 
to each member of such board. No person other than the members of 
the election board, poll clerks aad election sheriffs, and United States 
supervisors, if any be appointed, shall be permitted in the election 
room during the election, except for the purpose of voting or during 
the canvass of the votes. 

(As amended, Acts 1891, p. 133. In force June 3, 1891.) 

Ballots should not be rejected from the count because not indorsed by the clerks at 
the particular place on the ballot specified by the statute. Parvin v. Wimberg, 130 
Ind. 561. 

6249. (E. S. 1375.) Felonies— Penalty.— 53. Any person who shall 
(1) falsely make or fraudulently deface, or fraudulently destroy any 
certificate or petition of nomination, or any part thereof; (2) file any 
certificate or petition of nomination, knowing the same, or any part 
thereof, to be falsely made; or (3) suppress any petition or certificate 
of nomination which has been duly filed, or any part thereof; or (4) 
forge or falsely make the ofiicial indorsement of any ballot; or (5) 
print, or cause to be printed, any imitation ballot, or circulate the 
same; or (6) conspire with others to do any of said acts, or induce, or 
attempt to induce, any other person to do any of said acts, whether or 
not said acts, or any of them, be committed, or attempted to be com- 
mitted, shall be deemed guilty of a felony, and upon conviction thereof, 
shall be punished by imprisonment in the state penitentiary not less 
than two nor more than five years, and be disfranchised for any de- 
terminate period not less than ten years. 

6250. (E. S. 1376.) Felony by clerk, inspector or messenger. — 
54. Any clerk, inspector or other messenger entrusted with the custody 
of ballots who shall open any of the packages in which the ballots are 
contained, or permit any of them to be opened, or destroy any of such 
ballots, or permit them to be destroyed, or give or deliver any such 
packages or ballots to any person not lawfully entitled to receive them, 
as herein provided; or conspire to procure, or in any way aid, abet or 
connive at any robbery, loss or destruction of any such ballots or pack- 
ages, shall be guilty of a felony, and on conviction shall be punished 
by imprisonment in the state prison for not less than three nor more 
than ten years, and be disfranchised for any determinat© period not 
less than ten years. 



§ 6251 ELECTIONS. ' 3S 

6251. (E. S. 1377.) Attempting to enter election-room— Remain- 
ing too close to polls — ^Penalty. — 55. If any person not herein author- 
ized so to do shall enter or attempt to enter the election-room, or enter 
or attempt to enter within the railing leading from the challenge win- 
daw to the entrance of the election-room without first having been 
passed by the challengers, or having been sworn in as hereinbefore 
provided, or shall remain within fifty feet of the polling place, con- 
trary to the provisions hereinbefore made, he shall be guilty of a mis- 
demeanor, and on conviction thereof, be fined not more than five 
hundred dollars. 

6252. (E. S. 1378. ) Inducing elector to place distinguishing mark 
on ballot — Penalty. — 56. If any person shall induce, or attempt to 
induce, any elector to write, paste or otherwise place on his ballot the- 
name of any person or any sign or device of any kind as a distinguish- 
ing mark by which to indicate to any other person how such elector 
has voted, or shall enter into or attempt to form any agreement or 
conspiracy with any other person to induce or attempt to induce elec- 
tors, or any elector, to so place any distinguishing name or mark on 
his ballot, whether or not said act be committed or attempted to be 
committed, such person so offending shall be guilty of felony, and, on. 
conviction, be imprisoned not more than five nor less than two years- 
in the state's prison. 

625B. (E. S. 1379.) Eevealing how elector voted— Penalty.— 57. 
If any person, being a member of an election board or otherwise en- 
titled to [the] inspection of the ballots, shall reveal to any other person, 
how any elector has voted, or what other candidates were voted for on 
any ballot bearing a name not printed thereon by the board of election. 
commissioners, or give any information concerning the appearance of 
any ballot voted, such person so offending shall be guilty of a felony, 
and, on conviction, shall be imprisoned not less than two years nor- 
more than five years in the state's prison, and be disfranchised for any 
determinate period not less than ten years. 

6254. (E. S. 1380.) Inducing members of board to violate act — 
Penalty. — 58. If any person shall induce or attempt to induce any 
member of an election board to violate any of the provisions of section 
47 [57], whether or not such member of the election board shall vio- 
late or attempt to violate any of the provisions of this act, such person 
so offending shall be guilty of a fel©ny, and, on conviction, shall be 
imprisoned in the state's prison not less than two years nor more than 
five years, and be disfranchised for any determinate period not less 
than ten years. It sha^i be the duty of each inspector to distinctly 
read this and the preceding section to the election board at the open- 
ing of the polls, and each member thereof shall thereupon take an 
oath that he has not violated and will not violate the provisions of 
said section. 

6255. (E. S. 1881.) Removing or destroying election conveniences 
— Penalty. — 59. Any person who shall, during the election, remove 
or destroy any of the supplies or other conveniences placed in the- 



39 GENERAL ELECTIONS. § 6256 

booths as aforesaid or delivered to the voter for the purpose of en- 
abling the voter to prepare his ballot, or shall, during an election, 
remove, tear down or deface the cards printed for the instruction of 
the voters, or shall, during an election, destroy or remove any booth, 
railing or other convenience provided for such election, or shall induce 
or attempt to induce any person to commit any of such acts, whether 
or not any of such acts are committed or attempted to be committed, 
shall be guilty of a misdemeanor, and on conviction shall be punished 
by imprisonment for not less than six months nor more than one 
year, and be disfranchised for any determinate period not less than 
ten years. 

6256. (E. S. 1382.) Electioneering—Disclosing vote— Penalty.— 
60. No officer of election shall disclose to any person the name of any 
candidate for whom any elector has voted. No officer of election shall 
do any electioneering on election day. No person whatever shall do 
any electioneering on election day within any polling place, or within 
fifty feet of any polling place. No person shall apply for or receive 
any ballot in any polling place other than that in w^hich he is entitled 
to vote. No person shall show his ballot after it is marked to any 
person in such a way as to reveal the contents thereof or the name of 
any candidate or candidates for whom he has marked his vote; nor 
shall any person examine a ballot which any elector has prepared for 
voting or solicit the elector to show the same. No person except the 
inspector of election, or judge who may be temporarily acting for him, 
shall receive from any voter a ballot prepared by him for voting. No 
voter shall receive a ballot from any person other than one of the poll 
clerks; nor shall any person other than a poll clerk deliver a ballot to 
an inspector to be voted. No voter shall deliver any ballot to an in- 
spector to be voted, except the one he receives from the poll clerk. No 
Toter shall place any mark upon his ballot or suffer or permit any 
other person to do so, by which it may be afterward identified as the 
one voted by him. Whoever shall violate any provision of this section 
shall be deemed guilty of a felony, and on conviction shall be punished 
by imprisonment for not less than six months nor more than one year, 
and by fine of not less than one hundred dollars nor more than five 
hundred dollars, and be disfranchised for any determinate period not 
less than ten years. 

6257. (E. S. 1383.) Violation of duty by ofiicer— Penalty.— 61. 
Any public officer upon whom any duty is imposed by this act, who 
shall willfully neglect or omit to perform such duties, or do any act 
prohibited herein for which punishment is not otherwise herein pro- 
vided, shall be deemed guilty of a felony, and, on conviction, shall be 
punished by imprisonment in the state's prison for not less than six 
months nor more than three years, or by a fine of not more than three 
thousand dollars, or by both such fine and imprisonment, and be dis- 
franchised for any determinate period not less than ten years. 

6258. (E. S. 1384.) Constitutional amendment — How voted on. — 
62. Whenever any constitutional amendment or other question is re- 



§ 6259 ELECTIONS. 40 

quired by law to be submitted to popular vote, if all the electors of the 
state are entitled to vote on such question, the state board of election 
commissioners shall cause a brief statement of the same to be printed 
on the state ballots, and the words ''yes" and "no" under the same, 
so that the elector may indicate his preference by stamping at the place 
designated in front of either word. If the question is required by law 
to be voted on by the electors of any district or division of the state,, 
the board or boards of election commissioners of the county or coun- 
ties including or included in such division or district, shall cause 
similar provision to be made on the local ballots. In case any elector 
shall not indicate his preference by stamping in front of either word, 
the ballot as to such question shall be void and shall not be counted. 

6259. (E. S. 1385.) Preserving amdavits.-~6 3. All affidavits pro- 
vided in this act to be used on the day of election at the several polling 
places shall, at the close of the count, be placed in a strong paper bag, 
or envelope, by the election board and securely sealed by them, each 
member indorsing his name on the back of such bag or envelope. Such, 
bag or envelope shall be delivered within three days after the election, 
by the inspector to the clerk of the circuit court of the county, whose 
duty it shall be to carefully preserve the same, and deliver it, with the 
seal unbroken, to the foreman of the grand jury when next in session. 
It shall be the duty of such grand jury to inquire into the truth or 
falsity of such affidavits. 

6260. (E. S. 1386.) Township and county elections.-"64. Whei^ 
any township or county holds an election at a time other than the time 
of a general election, such election shall be held in conformity with 
the provisions of this act, and all county and local officers who are re- 
quired to perform any duties in connection with the general election 
shall perform the same duties in connection with such special or local 
election, subject to the same provisions and penalties herein prescribed 
in case of general elections. 

6261. (E. S. 1387.) Town and city elections.— 65. Where any 
town or city shall hold an election at any time other than a time of a 
general election, such election shall be held in conformity with the 
provisions of this act, except the duties herein required of the county 
clerk shall be performed by the town or city clerk; the duties herein 
required of the board of county commissioners shall be performed by 
the town trustees or city council; the duties of the county sheriff shall 
be performed by the town marshal or chief of police, and the rights of 
nomination of election officers by political parties shall be exercised by 
the chairman of the town or city committees of such parties, if any 
such there be. Town and city officers are hereby required to perform 
the various duties herein prescribed for the county officers in whose 
stead they act, subject to the same penalties and provisions herein pre- 
scribed as to such county officers. The town and city boards of elec- 
tion commissioners shall provide the necessary stamps and ink pads 
for such elections, and shall cause as many classes of ballots to be 
printed as there are wards or districts entitled to separate officers, baU 



41 GENERAL ELECTIONS. § 6262 

lots of each class having printed uniformly on the back of the same, 
the name or number of the ward or district in which it is to be used, 
and containing the names of all lawfully nominated candidates for all 
officers that the voters of such ward or district are entitled to vote for 
at such election. The commissioners of county and trustees of town- 
ships in which such towns or cities are situated shall furnish what is 
necessary for use in such elections of the election furniture in their 
custody: Provided, That such town or city shall pay the expense of 
moving such furniture to and from the polling places, and also for 
any damage to, or loss of such furniture. The boards of town or city 
election commissioners shall perform all the duties in providing and 
preparing polling places that are required of county commissioners in 
county elections, subject to the same provisions and penalties. 
(As amended, Acts 1891, p. 134. In force June 3, 1891.) 

6262. (E. S. 1388.) Le^al holiday.— 66. All election days shall be 
legal holidays throughout the district or municipality in which the 
election is held. 

6263. (E. S. 1389.) Laws repealed.— 67. All laws and parts of 
laws inconsistent with the provisions of this act are hereby repealed, 
pro tanto: Provided, however. That nothing in this act contained shall 
impair the effect of any such act as to any offense heretofore committed 
under existing laws: And provided, further. That the provisions of this 
act shall not apply to any election to be held prior to the first Monday 
in June, 1890, and all elections to be held prior to said date of the first 
Monday in June, 1890, shall be held and conducted under the pro- 
visions of the laws now in force, and all elections to be held after the 
first Monday in June, 1890, shall be provided for and held under the 
provisions of this act. 

[1881 S., p. 482. In force September 19, 1881.] 

6264. (4707.) Duty of board. — 29. No inspector, clerk or judge 
of any election shall vote after commencing to count the votes, nor 
publish any statement of the result of the counting until such election 
is closed. 

6265. (4708.) Adjournments forbidden. — 30. After the opening of 
the polls at any election in this state, no adjournment shall be had nor 
any recess taken until all the votes cast at such election shall have been 
counted, and the result publiclv announced. 

6266. (4709.) Meals for election officers.— 31. It shall be the duty 
of the township trustees, in their respective townships, to cause the 
members of the election board in each township or precinct to be fur- 
nished with good, plain and substantial meals, at the regular hours 
for meals, during the election day and until the count is finished, but 
no spirituous, vinous or fermented liquors shall be furnished. Such 
trustees shall be allowed, and paid, by the county board the actual 
cost of such meals, in their next regular account. 

Section 4710, R. S. 1881, relating to the counting of ballots, is omitted. Such section 
was amended by act of 1885 (Acts 1885, p. 153; Ell. Sup., § 1322), but such section is 
superseded by section 52 of the act of 1889, ante, section 6248. 



§ 6267 ELECTIONS. ^ 42 

Section 4711, E. S. 1881, relating to witnesses to the counting of votes, is omitted as 
being superseded by the act of 1889. 

6267. (4712.) Certificate of Judges.— 34. When the votes shall be 
counted, the board of judges shall make out a certificate, under their 
hands, stating the number of votes each person has received, and 
designating the office; which number shall be written in words; and 
such certificate, together with one of the lists of voters and one of the 
tally-papers, shall be deposited with the inspector, or with one of the 
judges selected by the board of judges. 

6268. (4713.) Care of ballots and papers. — 35. As soon as the 
votes are counted, and before the certificate of the judges, as prescribed 
in the foregoing section, is made out, the ballots, with one of the lists 
of voters and one of the tally-papers, shall, in the presence of the 
judges and clerks, be carefully and securely placed by the inspector, 
in the presence of the judges, in a strong and stout paper envelope or 
bag, which shall then be tightly closed and well sealed with wax by 
the inspector, and shall be delivered by such inspector to the county 
clerk at the very earliest possible period before or on the Thursday 
next succeeding said election; and the inspector shall securely keep 
said envelope containing the ballots and papers therein, and permit 
no one to open said envelope or touch or tamper with said ballots or 
papers therein. And upon the delivery of such envelope to the clerk, 
said inspector shall take and subscribe an oath, before said clerk, that 
he has securely kept said envelope and the ballots and papers therein, 
and that, after said ^envelope had been closed and sealed by him in 
the presence of the judges and clerks, he had not suffered or permitted 
any person to break the seal or open said envelope, or touch or tam- 
per with said ballots or papers, and that no person has broken such 
seal or opened said envelope to his knowledge; which oath shall be 
tiled in said clerk's office with the other election papers. 

6269. (4714.) Clerk's and trustee's duties.— 36. The clerk shall 
securely keep said envelope, so sealed, with the ballots and papers 
therein, in the same condition as it was received by him from the in- 
spector, in his office (unless opened by said inspector, in the presence 
of the board of canvassers, as herein provided), for the period of six 
months. But when such election is contested, he shall preserve them 
so long as such contest is undetermined, subject to the order of the 
court trying such contest: Provided, That said inspector shall, after 
sealing said envelope containing such ballots and one of his poll books 
and tally papers, plainly mark said envelope upon the outside, in ink, 
with the name, number and township. And after each election the 
ballot box herein provided for shall be, by said inspector, deposited 
with the township trustee of the township in which his precinct is 
situate, for safe keeping. And said officers of election shall, upon re- 
-ceiving the pay for their services as such from said township trustee, 
deliver to him the keys to said ballot box in their custody. 

6270. (4715.) Board of canvassers. — 37. The inspectors of each 
township or precinct, or the judges of election to whom the certificates, 



43 GENERAL ELECTIONS. § 6271 

poll books and tally papers shall have been delivered, as provided for 
in this act, shall constitute a board of canvassers, who shall canvass 
and estimate the certificates, poll lists and tally papers returned by 
each member of said board; for which purpose they shall assemble at 
the court-house on the Thursday next succeeding such election, be- 
i;ween the hours of 10 A. m. and 6 o'clock p. m. 

6271. (4716.) Officers of board.— 38. The members of such board 
who shall assemble at such time and place shall select one of their 
number as chairman, and the clerk of the circuit court shall act as 
their clerk. 

6272. (4717. ) Duties of board. — 39. Such board, when organized, 
shall carefully compare and examine the papers intrusted to it, and 
■aggregate and tabulate from them the vote of the county; a statement 
of which shall be drawn up by the clerk, and shall contain the names 
of the persons voted for, the office, the number of votes given in each 
township and precinct to each person, the number of votes given to 
each in the county, and also the aggregate number of votes given; 
which statement shall be signed by each member of said board; which 
canvass sheet, together with such certificates, poll books and tally 
papers shall be delivered to the clerk, and by him filed in his office. 
The same shall be preserved by him, open to the inspection of any 
legal voter of the county, or district, or state. 

The duties of the board of canvassers are ministerial, and the board can not hear 
evidence as to irregularities at an election. Moore v. Kessler, 59 Ind. 152. 

If the members of a board of canvassers fail to properly perform their duties they 
-will be liable to. the parties injured. Moore v. Kessler, 59 Ind. 152. 

6273. (4718.) Certificate. — 40. Such board shall declare the per- 
son having the highest number of votes given for any office to be filled 
loj the voters of a single county duly elected to such office, and certify 
the same in the statement above required. 

The statement made by the board of canvassers of the result of an election is only 
jprima facie evidence of the fact. Eeynolds v. State, ex rel., 61 Ind. 392; State, ex rel., 
V. Shay, 101 Ind. 36. 

6274. (4719.) Tie-vote. — 41. If two or more persons shall have 
the highest and an equal number of votes for a single office to be filled 
hy the voters of a single county, such board shall forthwith declare 
that no person is elected to fill such office, and shall certify the same 
in its statement; and, when filed, the clerk shall certify that fact to 
the tribunal whose duty it is to supply vacancies in such office or to 
issue a writ of election to fill the same, as the case may require. 

See section 6292. 

Failure on the part of officers to perform their duties when there is a tie-vote will not 
•oust the incumbent of the office or render the same vacant. State, ex rel., v. McMuUen, 
46 Ind. 307. 

The legislature may provide that when there is a tie-vote the result may be deter- 
mined other than by a new election. Johnson v. State, ex rel., 128 Ind. 16. 

Officers may be compelled by mandate to perform the duties required of them by 
law in case of a tie-vote. Johnston v. State, ex rel., 128 Ind. 16. 



§ 6275 ELECTIONS. 44 

6275. (4720.) Defective papers— Duty of board.— 42. No tally- 
paper, poll-book or certificate returned from any election by the board 
of judges thereof, shall be rejected for want of form nor for lack of be- 
ing strictly in accordance with the directions herein contained, if the 
same can be satisfactorily understood; and such board of canvassers 
shall, in no case, reject the returns from any precinct if the same be 
certified by the board of election of that precinct, as required by law, 
and presented to them by the inspector or one of the judges of said 
board. 

6276. (4721.) Certificate of election, — 43. Where any person is 
elected to an office by the voters of a county not to be commissioned 
by the governor, the clerk of the circuit court shall, after ten days 
from the time the board of canvassers has made its return, make out 
and deliver, on demand, to such person, a certificate of his election; 
and in case where any officer is to be commissioned by the governor, 
he shall make out a statement, under his hand and the seal of his 
court, specifying the number of votes given to each person for each 
office, and who has been declared elected, and shall transmit the same, 
by mail, to the secretary of state, within the time aforesaid. 

A clerk may be compelled by mandate to certify the result of an election. It is hia 
duty to make the certificate when the election is irregular if the same is not void. 
State, ex rel., v. Jones, 19 Ind. 356. 

This section is not applicable to township elections. DeArmond v. State, ex rel., 40 
Ind. 469. 

6277. ( 4722. ) Defective returns — Commissions. — 44. No commis- 
sions shall be withheld by the governor on account of any defect or 
informality in the return of any election to the office of the secretary 
of state, if it can, with reasonable certainty, be ascertained from suck 
return what office is intended and who is entitled to such commission. 

6278. (4723.) Certificate of votes for le§:islators.~45. Whentwa 
or more counties compose a district to elect a senator or representative,, 
the clerks of the circuit courts of such counties, on the day next sue- 
ceeding the return day of such election, shall make out a certificate of 
votes received by each individual for senator or representative, and 
deliver the same to the sheriff. 

6279. (4724.) Certificate of election of legislators.— 46. Such 
sheriffs shall meet on the Wednesday next following the return-day of 
such election, between the hours of one and six of the afternoon, at 
the court-house of the oldest county in such district, where they shall 
compare the certificates delivered to them by the clerks, and shall 
jointly make out and transmit to the person having the highest num- 
ber of votes for senator or representative a certificate of his election. 
The county first organized (or, if two or more were organized at the 
same session, then the county having, by the auditor of state's last re- 
port, the highest number of taxable polls) shall be deemed the oldest. 

6280. (4725.) Tie-vote for legislators. — 47. If, in such case, any 
two or more persons shall have the highest and an equal number of 
votes for the same office, such sheriffs shall certify that fact to the 



45 GENERAL ELECTIONS. § 6281 

clerk of the circuit court of the county in which such sheriffs shall 
have compared such votes, and such clerk shall forthwith certify the 
same to the governor. 

6281. (4726.) Certificate to secretary of state.— 48. Clerks of the 
circuit court, on the day succeeding the return-day of such election, 
shall make out, in words, certified statements, officially sealed, of the 
number of votes given to each person for governor and lieutenant- 
governor, for representative in congress, judges of the supreme and 
circuit courts, clerk of the supreme court, reporter of the decisions of 
the supreme court, prosecuting attorney, superintendent of public in- 
struction, secretary, auditor, and treasurer of state, and for senator 
and representative in the general assembly, and shall deliver the same 
to some postmaster of the county, to be transmitted, by mail to the 
secretary of state, taking from such postmaster, and filing, a certifi- 
cate setting forth particularly the time when such certified statement 
was deposited in such post-office. 

6282. (4727.) Duty of secretary of state. — i9. The secretary of 
state shall, in the presence of the governor, compare and estimate the 
number of votes given for judges of the supreme court, reporter of the 
decisions of the supreme court, clerk of the supreme court, secretary, 
auditor and treasurer of state, and superintendent of public instruc- 
tion, and certify to the governor the persons receiving the highest 
number of votes for such offices, and also compare and estimate the 
number of votes given for judges of the circuit court and prosecuting^ 
attorneys, and certify to the governor the persons having received the 
highest number of votes in their respective districts; and, thereupon, 
the governor shall transmit, by mail, to such persons their com- 
missions. 

6283. (4728. ) Secretary of state and governor, as to congressmen. 
— 50. The secretary of state, as soon as he shall receive such certified 
statements, shall compare and estimate the votes given for representa- 
tives in congress, and certify to the governor the persons having the 
highest number of votes as duly elected; and the governor shall give 
to each of the persons returned to him, as aforesaid, a certificate of his 
election, sealed with the seal, and attested by the secretary of state: 
Provided, That no return of any county which has come into his 
hands, and which has been duly authenticated by the clerk thereof, 
under seal, as hereinbefore provided, shall be rejected by said secre- 
tary of state, but he shall estimate, aggregate and tabulate, and report 
to the governor the total number of votes cast in each county for each 
candidate for state office, supreme judge or other officer to be elected 
by all the voters of the state, and members of congress, as evidenced 
to him by the face of such returns so certified to him. 

6284. (4729.) Clerk's duty as to election of governor. — 51. Each 
clerk of the circuit court shall, on the day following the return-day of 
an election for governor and lieutenant-governor, make out, at full 
length, two certified statements, under the seal of his court, of the 
number of votes each candidate received; one of which he shall trans- 



^ 6285 ELECTIONS. 4f) 

^ \ 

mit to the speaker of the house of representatives of the next general 
assembly, by his senator or representative, who shall deliver the same 
to such speaker on or before the second day of the session, and the 
other certified statement shall be transmitted by mail to Indianapolis, 
directed to said speaker, and to the care of the secretary of state, by 
whom the same shall be delivered to the speaker on or before the 
second day of the session. 

The courts have no authority to prevent or control the secretary of state as to the 
dehvery of election returns relating to the election of governor and lieutenant-governor 
to the speaker of the house of representatives. Smith v. Myers, 109 Ind. 1. 

6285. (4730. ) Pay of officers. — 52. Each inspector, judge and clerk 
of any election shall be allowed and paid two dollars for each day's 
service while attending such election and performing the duties of his 
office; and the same rate for one day's services, and mileage at the rate 
of five cents per mile, going and returning, shall be allowed and paid 
to (Cach member of the board of canvassers. 

ARTICLE 2.— SPECIAL ELECTIONS. 

'SEC. SEC. 

'6286. When to be held. 6288. Notice by sheriff. 

'6287. When governor to order. 6289. How conducted. 

[1881 S., p. 482. In force September 19, 1881.] 

6286. (4731.) When to be held.— 53. A special election shall be 
held in the following cases: 

First. Whenever a vacancy shall occur in the office of senator or 
representative during a session, or when the legislature will be in 
session after the occurrence of a vacancy and before a general election. 

Second. Whenever a vacancy shall occur in the office of representa- 
tive in congress while in session, or when congress will be in session 
after such vacancy occurs and before a general election. 

Third., Whenever two or more persons receiving votes at any elec- 
tion shall have the highest and an equal number of votes for the same 
office. 

Fourth. Whenever a vacancy occurs in any office required to be 
-filled at a special election. 

6287. (4732.) When governor to order. — 54. Special elections not 
otherwise provided for shall be ordered by the governor, who shall 
issue a writ or writs of election, directed to the sheriff or sheriffs of 
the proper county or counties; and such writ shall specify the county, 
district or circuit in which such election is to be held, the cause and 
object of such election, the name of the person whose office is vacant, 
and the day on which such election shall be held; which day shall be 
the same in case such election is held in a district or circuit formed of 
two or more counties. 

6288. (4733.) Notice by sheriff.— 55. The sheriffs who receive 
such writs ordering a special election shall give the same notice thereof 
^s is required of general elections: Provided y Such notice may be set 
■up and published ten days only. 



47 TOWNSHIP ELECTIONS. § 6289* 

6289. (4734.) How conducted. — 56. All special elections shall be 
conducted, returned, certified and canvassed, and certificates and com- 
missions shall issue, and shall in all respects be governed by the pro- 
visions of this law regulating general elections, so far as applicable. 

ARTICLE 3.— TOWNSHIP ELECTIONS. 

SEC. SEC. 

6290. When held. 6292. Canvass — Inspector's duties — Tie; 

6291. Ballots and ballot boxes. vote. 

6293. Certificates. 

[Acts 1893, p. 192. In force May 18, 1893.] 

6290. When held.— 1. That the time of holding the election of 
township trustees, justices of the peace, assessors, constables, road 
supervisors and such other officers of township as may be provided for 
by law, shall be changed from the April election, and all such town- 
ship officers shall be elected at the general election to be held on the 
first Tuesday after the first Monday in November, 1894, and every four 
years thereafter, and which election shall be conducted by the provis- 
ions of the law governing said general election. 

This section supersedes section 4735, R. S. 1881. 

6291. Ballots and ballot boxes. — 2. The names of the different can- 
didates for said township offices shall be printed on separate ballots of 
a yellow color, and deposited in separate ballot boxes from that of the 
state and county ballots; said ballot boxes shall be painted yellow and 
said ballots and ballot boxes shall be prepared in conformity with the 
law governing said general election. 

The expenses of township elections are to be paid by the county. Board v. Center 
Tp., 107 Ind. 584. 

[1881 S., p. 482. In force September 19, 1881.] 

6292. (4736.) Canvass— Inspector's duties—Tie vote.— 58. The 

board of judges shall count the votes given for each person for each 
office, and certify the result, and the inspector shall file one of the 
poll books and tally sheets, with ballots on a string, in the clerk's 
office of the county, within ten days after such election. If two or 
more have the highest and an equal number of votes for the same 
office, such judges shall, when the result is certified, determine by lot 
the person entitled to the office; and the next day, the inspectors shall 
make out and deliver to the person elected, when demanded, a certifi- 
cate for each person elected to any office in said township, except jus- 
tices of the peace: Provided, That if there be more than one precinct 
in said township, then the inspectors of the several precincts shall meet, 
on the day following the election, at the office of the township trustee, 
at as near 10 o'clock a. m. as is practicable, and compare the poll books 
and certificates thereto held by them, and having aggregated the vote 
of the township, declare and certify the result; and if two or more per- 
sons have the highest and an equal number of votes for the same office, 
they shall determine by lot which shall be declared elected, and give a. 
certificate accordingly. 
See section 6248. 



^ 6293 ELECTIONS 48 

The legislature has power to provide that where there is a tie-vote the result shall be 
determined by lot. Johnston r. State, ex rel., 128 Ind. 16. 

If there is a tie-vote, and the election officers adjourn without having a selection 
made by lot, they may be compelled by mandate to re-assemble and perform their 
duties. Johnston v. State, ex rel., 128 Ind. 16; Kimerer v. State, ex rel., 129 Ind. 589. 

If a township trustee in office, and a candidate for re-election has a tie-vote with hia 
opponent, and such trustee refuses to determine the result by lot, he does not thereby 
forfeit his office so that a successor may be appointed. State, ex rel., v. McMullen, 46 
Ind. 307. 

6293. (4737.) Certificates.— 59. Such certificate sliall entitle the 
liolder to qualify and enter upon the discharge of the duties of the 
office to which he is elected at the expiration of ten days from the day 
of such election, except that of township trustee and township assessor, 
"who shall enter upon the duties of their offices on the first Monday of 
-August following such election, and also except that the certificates of 
election of justices of the peace shall be forwarded.-by the inspector 
aforesaid to the clerk of the circuit court, who shall certify the result 
ior that office to the secretary of state. 

(As amended, Acts 1889, p. 344. Ell. Supp., section 13f5. In force May 10, 1889.) 
In computing the ten days mentioned in this section, the day of the election is ex- 
cluded. Vogel V. State, ex rel., 107 Ind. 374. 

This section had the effect of continuing certain officers in office until their successors 
could qualify, although such officers might not have been eligible to re-election. State, 
•ex rel., v. Bogard, 128 Ind. 480. 

ARTICLE 4.— RECOUNTING. 

;SEC. SEC.' 

-6294. When candidate may have. 6297. Certificate of recount. 

^295. Proceedings to obtain. 6298. Adjournments forbidden — Pay — 

<6296. Order for recounting — How ton- Ballots, how preserved, 

ducted. 

[1881 S., p. 482. In force September 19, 1881.] 

6294. ( 4738. ) When candidate may have. — 61. At any time within 
ten days after the Thursday next succeeding any election, any candi- 
date for office at such election, desiring to contest the same, may peti- 
tion, in writing, the circuit court, if in session, or the judge thereof 
in vacation, for a recount of the ballots cast at such election, by three 
commissioners, appointed by the court or judge, two' of whom shall be 
from different political parties: Provided, That such appointments 
shall be made from the political parties which cast the highest num- 
iDcr of votes at the last preceding general election. 

6295. (4739.) Proceedings to obtain. — 62. Upon the petition of 
such candidate, duly verified, showing that he desires to contest such 
election, and honestly believes that there was a mistake or fraud com- 
mitted in the official count, and that he desires a recount of the ballots 
cast at said election for the office for which he was a candidate, and 
iipon proof that he has served a written notice upon the opposing can- 
didate of the time and place of such application, five days before the 



49 ^ CONTEST. § 6296 

bearing, and upon his furnishing a written undertaking, with suffi- 
•cient freehold surety, that he will pay all the costs of such recount, 
ihe court or judge shall grant the prayer of said petition and order 
said recount to be made. 

6296. (4740.) Order for recounting — How conducted. — 63. In ap- 
pointing such commissioners to make said recount, the court shall fix 
the time within which the same shall commence, not exceeding twenty 
days thereafter, and the clerk of the circuit court shall act as the clerk 
of said commissioners. The order shall provide that each of the can- 
didates may be present during said recount; and two qualified voters 
of the county, selected fey each of said candidates, may also be present, 
.who may witness the recount of the vote; and such witnesses shall con- 
duct themselves in a quiet and orderly manner, and shall not inter- 
rupt said commissioners while in the discharge of their duties. Such 
order shall be entered on the order-book of the circuit court. 

6297. (4741.) Certificate of re-count. — 64. When said re-count is 
finished, the commissioners, or a majority of them, shall make out a 
certificate, under their hands, stating the number of votes that each 
of said candidates has received for said ofiice in each township and 
precinct, and which of said candidates, as shown by the said re-count, 
received the highest number of votes, and what his majority or plu- 
rality v/as; and said certificate shall be filed with the clerk of the cir- 
cuit court and recorded in the order-book of said court. Such certifi- 
cate, or the record thereof, may be used as evidence of the facts therein 
recited upon the trial of any contest of said election between said can- 
didates. 

Such certificate is competent evidence in an action by information to contest the 
title to the ofiice. State, ex rel., v. Shay, 101 Ind. 36. 

6298. (4742.) Adjournments forbidden — Pay — Ballots, how pre- 
served. — 65. No adjournment shall be had until said re-count is fin- 
ished and said certificate is made out and filed. Said commissioners 
shall each be allowed, and paid by said petitioner, at the rate of three 
dollars per day, each, for their services. Said clerk shall, as soon as 
such re-count is completed, replace said ballots in the ballot-boxes, 
securely lock and seal them, and keep them as above provided. For 
his services in the matter of such re-count, said clerk shall receive 
from such petitioner the sum of five dollars. 

ARTICLE 5.— CONTEST. 



•SEC. 




SEC. 




€299. 


Who may contest. 


6307. 


Vacancy. 


6300. 


Contest for state ofiice. 


6308. 


Meeting of justices— Their duty 


6301. 


Notice. 


6309. 


Clerk's duty. 


6302. 


Committee to try— Powers. 


6310. 


Duty of secretary of state. 


6303. 


Contesting seat of legislator. 


6311. 


Depositions, when read. 


6304. 


Depositions. 


6312. 


Causes for contest. 


6305. 


Notice to contestee. 


6313. 


Election, when not set aside. 


6306. 


Powers of justices. 


6314. 


Contest for local ofiices. 



§ 6299 ELECTIONS. 50 

SEC. . ' SEC. 

6315. Notice by auditor to clerk. 6320. Voters compelled to testify. 

6316. Notice to county board and con- 6321. Fees and costs. 

testee. 6322. Commissioner to take testimony. 

6317. Subpoenas — Trial of contest. 6323. Contest for municipal offices. 

6318. Appeals. 6324. Appeal to supreme court. 

6319. Duty of court on appeal. 

[1881 S., p. 482. In force September 19, 1881.] 

6299. (4743.) Who may contest. — QQ. The election of any persoit 
declared elected by popular vote to any office, whether state, county, 
township or municipal, may be contested by any elector who was- 
entitled to vote for such person. The person contesting such election 
shall be known as the contestor; the person whose election is contested, 
as the contestee. 

6B00. (4744.) Contest for state oSice.— 67. When such elector 
may choose to contest the election of any state officer, elective by the- 
people, he shall, within twenty days after the first day of the next ses- 
sion of the general assembly thereafter, deliver to the presiding officer 
of the house of representatives specifications of the grounds of such, 
contest; which specification shall be verified by the affidavit of such, 
electors. 

6301. (4745.) Notice. — 68. As soon as such presiding officer re- 
ceives such specifications, he shall make out a notice of contest, which,, 
together with a copy of the specifications, he shall cause to be directed 
and delivered to the person whose election is contested; and shall im- 
mediately give notice to both houses that such specifications have 
been received. 

6302. (4746.) Committee to try— Powers.— 69. Each house shall 
choose, by a viva voce vote, seven members of its own body; and the 
members thus selected shall constitute a committee to try and deter- 
mine such contested election; and for that purpose shall hold their 
meetings publicly, at the capitol, at such time and place as they may 
designate, and may adjourn from day to day, or to a day certain, until 
such trial shall be determined. They shall have power to send for 
persons and papers and to take all necessary means to procure testi- 
mony, extending like privileges to the contestor and the contestee; 
and shall report their judgment in the premises to both branches of 
the general assembly; which report shall be entered on the journals of 
the respective houses, and the judgment of such committee shall be 
conclusive. If such election be adjudged invalid, such office shall be 
vacant. 

6303. (4747.) Contesting seat of legislator.— 70. Any such elector 
who may choose to contest the election of any person declared elected 
to a seat in the senate or house of representatives shall, within ten 
days after such election, file with the clerk of the circuit court of the 
county in which the alleged cause of contest originated, a statement of 
the grounds of contest on which he relies, and that he was entitled to 
vote at such election, verified by his affidavit. 

6304. (4748.) Depositions.— 71. When such statement shall be 



51 CONTEST. § 6305 

filed, such clerk shall issue a commission directed to two justices of 
the peace of his county, not of kin to the contestor, nor to any person 
who was a candidate at such election for the office the election to which 
is contested, to meet at such time and place as shall be specified in 
such commission, not less than twenty nor more than thirty days from 
the time of issuing the same, for the purpose of taking the depositions 
of witnesses. 

6305. (4749.) Notice to contestee. — 72. Written notice of such 
contest, specifying the time and place of taking depositions and before.. 
whom to be taken, and a copy of such statement, certified by such 
clerk, shall, within ten days after such statement shall have been 
filed, be delivered to the contestee, or, if he can not be found, shall 
be left at his last and usual place of residence by the sheriff of the^ 
county, who shall return to such clerk a certified copy of such notice,, 
with the manner and time of service indorsed thereon, for which ha 
shall receive from the contestor the same fees allowed in writs of sum- 
mons. 

6306. (4750.) Powers of justices.— 73. Either of such justices 
shall have power to issue subpoenas, to be served by the sheriff; and 
when met at the time and place appointed to take depositions, shall 
have the same power to issue attachments and assess fines against 
witnesses as is given to justices in the trial of suits instituted before 
them. 

6307. (4751.) Vacancy. — 74. If either of the justices first ap- 
pointed becomes unable to proceed in such examination, such clerk 
shall fill the vacancy with any other justice of the county. 

6308. (4752.)* Meeting of justices — Their duty. — 75. Such justices 
shall meet at the time and place appointed, take and certify such 
depositions as in other cases, and may adjourn from time to time, and 
when the same is closed, shall deliver the depositions, with the com- 
mission, to such clerk. 

6309. (4753.) Clerk's duty.— 76. Such clerk shall seal up the 
depositions, original statement of the grounds of contest, the copy of 
the notice served on the contestee, and the commission issued to such 
justices, indorse thereon the names of the contesting parties and the 
branch of the legislature before which such contest is to be tried, and 
transmit the same, by mail, to the secretary of state. 

6310. (4754.) Duty of secretary of state.— 77. The secretary of 
state, on or before the second day of the session of the general assem- 
bly held next thereafter, shall deliver such depositions to the presiding 
officer of the proper house, who shall immediately lay the same before 
such house. 

6311. (4755.) Depositions, when read. — 78. At any time after no- 
tice of contest, and beSbrre final determination, either party may take 
depositioilfe to be read on the trial, under the rules regulating the 
taking of depositions to be "fead in the circuit court, and such deposi- 
tions shall be sent, by ntail, to the secretary of state, who shall deliver 
the same, unopened, to the- presiding officer of the proper house. 



§ 6312 ELECTIONS. 52 

6312. (4756.) Causes for contest. — 79. Any election, the contest 
of which is provided for in this act, may be contested for any of the 
following causes: 

First. For irregularity or malconduct of any member or officer of 
the proper board of judges or canvassers. 

Second. AYhen the contestee was ineligible. 

Third. When the contestee, previous to such election, shall have 
been convicted of an infamous crime, such conviction not having been 
reversed nor such person pardoned at the time of such election. 

Tmirth. On account of illegal votes. 

A mistake in the count of the votes, or in certifying to the same, is caase for con- 
' test. Dobyns v. Weadon, 50 Ind. 298; Hadley v. Gutridge, 58 Ind. 302. 

Under the election law of 1889, if the voter denotes his choice for a candidate by 
stamping the square in front of his name, the stamp must touch the square, and if it 
•does not the brJlot can not be counted. Parvin v. Wimberg, 130 Ind. 561. 

If but one of the persons voted for at an election is eligible to hold the office, he is 
entitled to the same, although the ineligible person received the most votes. Gulickv. 
New, 14 Ind. 93; Price v. Baker, 41 Ind. 572; Jeffries v. Rowe, 63 Ind. 592; State, ex 
rel., V. Johnson, 100 Ind. 489; Copeland v. State, ex rel., 126 Ind. 51. 

6B13. (4757.) Election, when not set aside. — 80. No irregularity 
or malconduct of any member or ofhcer of a board of judges or can- 
vassers shall set aside the election of any person^ unless such irregu- 
larity or malconduct was such as to cause the contestee to be declared 
elected when he had not received the highest number of legal votes; 
nor shall any election be set aside for illegal votes, unless the number 
thereof given to the contestee, if taken from him, Vv^ould reduce the 
number of his legal votes below the number of legal votes given to 
some other person for the same office. 

Irregularities in the holding of elections that do not deprive legal voters of their 
Tight to vote, or permit illegal votes to be cast, will not usually affect the validity of an 
election. Railroad Co. v. Geiger, 34 Ind. 185; Gass v. State, ex rel., 34 Ind. 425; 
Dobyns v. Weadon, 50 Ind. 298 ; 'Mustard v. Hoppess, 69 Ind. 324 ; Parvin v. Wimberg, 
130 Ind. 561. 

6314. ( 4758. ) Contest for local offices. — 81. All contests for county 
and township offices shall be tried in the proper county; and all con- 
tests for district and circuit offices, not otherwise provided in this act, 
-shall be tried in the county giving the largest vote for such office at 
;such election; and whenever any elector shall choose to contest such 
election, he shall file with the auditor of the proper county, within ten 
days after such person has been declared elected, a written statement 
specifying the grounds of contest, verified by the affidavit of such 
'elector. 

The affidavit to the statement of contest must be made by the contestor. Holton v. 
IBrown, 46 Ind. 12S. 

The affidavit may be made on information and belief. Curry v. Baker, 31 Ind. 151. 

The county auditor may administer the oath to the contestor that is made to the 
statement of contest. Wheat v. Ragsdale, 27 Ind. 191 ; Curry v. Miller, 42 Ind. 320. 

The statement of contest need not set forth the names of the persons casting illegal 
votes. Wheat v. Ragsdale, 27 Ind. 191. 



;) 



33 CONTEST. § 6315 

If the statement filed by the eontestor shows that hd received a majority of the legal 
votes cast, it will be sufficient. Nickols v. Ragsdale, 28 Ind. 131 ; Dobyns v. Weadon, 
50 Ind. 298. 

A demurrer to the statement of contest for the want of facts will not test the suffi- 
ciency of the affidavit. Curry v. Miller, 42 Ind. 320. 

If the contestee files a statement showing that he received a majority of the legal 
votes cast, it will be a sufficient answer. Allen v. Crow, 48 Ind. 301 ; Dobyns v. Wea- 
don, 50 Ind. 298. 

The contestee need not make oath to his statement of defense. Allen v. Crow ,^48 
Ind. 301. 

If the cause of contest is the ineligibility of the contestee, the proceedings can not 
be commenced until after the time has arrived for the beginning of the term of office. 
Brown v. Goben, 122 Ind. 113. 

The title and right of possession to an office may be tried on proceedings by informa- 
tion and quo warranto. Reynolds t\ State, ex rel., 61 Ind. 392; State, ex rel., v. Long, 
-91 Ind. 351; State, ex rel., v. Shay, 101 Ind. 36: Yogel v. State, ex rel., 107 Ind. 374; 
Griebel v. State, ex rel., Ill Ind. 369. 

The title of the governor or lieutenant-governor to their offices can not be tested by 
quo icarranto proceedings. Robertson v. State, ex rel., 109 Ind. 79. 

Mandamus will not lie to try title to an office, but possession may be obtained by 
such proceeding when the title is not in dispute. Mannix v. State, ex rel., 115 Ind. 245. 

6315. (4759.) Notice by auditor to clerk. — 82. When such state- 
ment is filed with the auditor of the proper county, he shall immedi- 
ately give notice, in writing, to the clerk of the circuit court, that the 
election to such office is contested; and when the office of county 
auditor is contested, such statement shall be filed with the clerk, who 
shall do the duties otherwise required by this act of the auditor. The 
filing of such statement shall be notice to him. 

6316. (4760.) Notice to county board and contestee. — 88. When 
such statement is filed with the auditor, he shall issue a notice to the 
board of county commissioners to meet at the court-house at a desig- 
nated time, not less than ten nor more than twenty days thereafter, to 
try such contested election, and shall issue a notice to the contestee to 
appear at the time and place specified in the notice to the commission- 
ers, which, with a copy of such statement, shall fee delivered to the 
sheriff of the county, who shall, within five days thereafter, serve the 
same on the contestee, by delivering to him a copy of such notice and 
statement or leaving a copy thereof at his last usual place of residence. 

If the notice and service is sufficient to inform the contestee that a proceeding has 
been instituted against him in the commissioners' count, it will be sufficient, overruling 
State, ex rel., v. Hudson, 37 Ind. 198. Hadley -o. Gutridge, 58 Ind. 302. 

6317. (4761.) Subpoenas— Trial of contest.— 84. The auditor, at 
the request of either party, shall issue subpoenas, which shall be 
served by the sheriff. Such board of commissioners shall try and de- 
termine such contest, and shall have power to corapel the attendance 
of witnesses, to swear and examine the same, to punish contempts as 
other courts, to adjourn or eontinue the trial from time to time, not 
exceeding twenty days altogether; to make the necessary orders for the 
payment of costs, and to coerce the payment of the same, and shall be 



§ 6318 ELECTIONS. 54' 

governed in such trial bf the rules of law obtaining in circuit courts. 
And if it be proved that any other person than the contestee has the^ 
highest number of legal votes, such board shall declare such person 
elected, and certify the same to the proper officer. ^ 

The county board is governed by the rales of law obtaining in the circuit court, upon, 
the hearing of proceedings to contest an election. Hadley v. Gutridge, 68 Ind. 302. 

If the hearing of the cause is postponed to a time more than twenty days after the, 
time set for the hearing to begin, the cause will be discontinued. English v. Dickey,, 
128 Ind. 174. 

The official entries of the election officers are competent evidence on the heari^ag. 
State, ex rel., v. Shay, 101 Ind. 36. 

When the ballots are preserved they are the best evidence of their contents, but in;, 
case of their loss or destruction a voter may testify for whom he voted. Wheat v. 
Eagsdale, 27 Ind. 191; Reynolds v. State, ex rel., 61 Ind. 392; State, ex rel., v. Shay, 
101 Ind. 36; Pedigo v. Grimes, 113 Ind. 148. 

Unless it appears that a voter cast an illegal ballot, he can not be compelled to testify 
for whom he voted. Pedigo v'. Grimes, 113 Ind. 148. 

The contestor may show that on account of fraud, or other improper action of the 
election officers, there were more votes counted for the contestee than he was entitled 
to. Pedigo V. Grimes, 113 Ind. 148. 

Ballots cast for a person not eligible to hold the office, are not to be considered in . 
determining the rights of the contestor to the office. Gulick v. New, 14 Ind. 93 ; Price 
V. Baker, 41 Ind. 572; Jeffries v. Rowe, 63 Ind. 592; State, ex rel., v. Johnson, 100 Ind. 
489; Copeland v. State, ex rel., 126 Ind. 51. 

6318. ( 4762. ) Appeals. — 85. Appeals may be taken herein, as from 
other decisions of such board: Provided, That the same be taken within 
ten days. 

An appeal can not be dismissed for delay of the auditor in filing the transcript and 
papers upon an appeal. Day v. Herod, 33 Ind. 197. 

The appeal will not be dismissed because the bond is made payable to the state.. 
Corey v. Lugar, 62 Ind. 60. 

The cause stands for trial in the circuit court as an original action. Manlove v. Pavy; 
83 Ind. 505. 

A trial by jury can not be demanded. Corey v. Lugar, 62 Ind. 60 ; Pedigo v. Grimes, , 
113 Ind. 148. 

6319. (4763.) Duty of court on appeal. — 86. If upon such appeal 
the circuit court confirm such election, a certificate thereof shall issue; 
if such election be annulled, and no other person declared elected to 
the same office, it shall be declared vacant. 

It is not proper for the circuit court to remand the cause to the county board for 
trial, but a final disposition must be made of the cause in the circuit court. Mandlove 
V. Pavy, 33 Ind. 505. 

6320. (4764.) Voters compelled to testify. — 87. Any witness who 
voted at such election, when called to testify in any such case, shall 
be required to answer touching his qualifications; and if he was not a 
qualified elector he shall be required to answer for whom he did vote, 
and such admissions shall not be used agaisst him in any prosecution 
for illegal noting. 



^5 BRIBERY OF ELECTORS. § 6321 

Voters can not be compelled to testify for whom they, voted until it appears that they 
'Cast an illegal vote. Pedigo v. Grimes, 113 Ind. 148. 

6821. (4765.) Fees and costs. — 88. The sheriff, auditor, clerk, 
and justices of the peace, for services rendered by them, in case of con- 
tested elections, shall receive from the party at whose instance such 
services are performed the fees usually allowed for similar services in 
other cases; which fees shall be taxed as costs against the losing party, 
and collected as other costs are taxed and collected. 

If the proceeding is dismissed the costs should be taxed to the contestor. English v. 
Dickey, 128 Ind. 174. 

6322. (4766.) Commissioner to take testimony. — 89. The court 
trying the cause, at the request of the contestor and contestee, in writ- 
ing, or upon the application of either party, supported by affidavit 
showing that a saving of expense to the parties, the convenience of 
the witnesses, and the ends of justice will be promoted thereby, may 
appoint a commissioner to take the testimony of witnesses, in writing, 
at any time before the final hearing, and shall provide, in the order of 
■appointment, that each party shall give reasonable notice to the other 
of the time and place of such taking. Such commissioner shall have 
power to subpoena and compel the attendance of witnesses residing in 
the county; and it shall be his duty to take down, in writing, all the 
testimony offered by the parties, and to note all objections to the testi- 
mony; and he shall report the same to the court trying the cause 
within the time limited by the order appointing him. 

6323. (4767.) Contest for municipal ofiices. — 90. All contests for 
municipal offices shall be tried before the circuit court of the proper 
county in the manner provided by law for the contest of county and 
township offices. The clerk of the circuit court shall be the person 
with whom the notice of contest shall be filed, and he shall perform 
.all the duties required to be performed by him and the auditor in 
^other cases, and the contest shall be set down for trial at the next term 
of such circuit court. 

6324. (4768.) Appeal to supreme court. — 91. In all cases of con- 
tested elections where an appeal has been taken from the board of 
county commissioners to the circuit court, either party feeling ag- 
grieved by the judgment of said court may appeal therefrom to the 
supreme court, as in other civil cases. The appeal-bond in such cases 
shall be in a penalty sufficient to secure any damage which may ac- 
crue by a stay of proceedings upon the judgment. And whenever, by 
reason of such appeal, a party may be excluded from the office to 
which he may be entitled, pending such appeal, the principal and 
sureties in said bond shall be liable thereon for the amount of the 
emoluments of the office to the party deprived thereof. 

ARTICLE 6.— BRIBERY OF ELECTORS. 

SEC SEC. 

6325. Election bribery— Liability. 6328. Vv^arrant from justice. 

-6326. Action. 6329. Procedure before justice. 

^327. Arrest and baiL 6330. Binding over. 



§ 6325 ELECTIONS. 5S 

SEC. SEC. 

6331. Discharge from jail. 6336. Costs — Judgment — Stay.. 

6332. Procedure. 6337. Execution. 

6333. Continuance. 6338. Contracts. 

6334. Trial in absence of defendant. • 6339. L^ws repealed. 

6335. Transcript — Lien. 

[Acts 1889, p. 360. In force March 9, 1889.] 

6325. (E. S. 1396.) Election bribery— Liability.—- 1. That who- 
ever hires or hujs, directly or indirectly, or handles any money or 
other means, knowing the same is to be used to induce, hire or buy 
any person to vote or refrain from voting any ticket or for any candi- 
date for any office at any election held pursuant to law, or at any pri- 
mary election or convention of any political party, then the person so 
offending in any one of the foregoing particulars, and all other persons 
aiding, abetting, counseling, encouraging or advising such acts, shall 
thereby become liable jointly and severally to the person hired, bought 
or induced to vote or refrain from voting by the means above enumer- 
ated, in the sum of three hundred dollars and reasonable attorney's 
fees for collecting the same in an action to be brought as hereinafter 
pi:ovided on the relation of the voter in whose favor the liability ia 
created by this section. 

6326. (E. S. 1397. ) Action. — 2. When any liability accrues against 
any person in favor of another under the provisions of the foregoing 
section, the latter may bring an action therefor in the name of the 
state of Indiana on his own relation, either in the circuit or superior 
court or befor^e any justice of the peace in the county where the de- 
fendant or one of the defendants resides, on a complaint in writing; 
under oath. 

6827. (E. S. 1398.) Arrest and bail.— 3. When the complaint is; 
filed in the circuit or superior court the clerk shall issue a warrant to* 
the sheriff of any county, or several warrants to sheriffs of different: 
counties where the defendant or different defendants may be, com- 
manding such sheriff to arrest the defendant or defendants. The 
person arrested in vacation may be admitted to bail by the sheriff, by 
entering into a bond payable to the state of Indiana, with at least, 
two good freehold sureties resident in the county where the action is 
brought, to the approval of the sheriff, in a penalty of one thousand 
dollars, conditioned that such defendant will appear on the first day 
of the next term of said court, and continually until said cause is dis- 
posed of, and abide the order of the court; and in default of such bail 
the sheriff shall commit him to the jail of the county where the action 
is pending. The judge of the circuit or superior court may discharge 
such defendant on a writ of habeas corpus if on the hearing of suck 
writ no cause for his imprisonment appears. 

6328. (E. S. 1399.) Warrant from justice.— 4. When the com- 
plaint is filed before a justice of thfe peace he shall issue a warrant to 
the proper constable commanding him to arrest the defendant and. 
bring him forthwith before him for examination. 



57 BRIBERY OF ELECTORS. ■ § 6329 

6329. (E. S. 1400,) Procedure before justice. — -5. Upon the arrest 
of the defendant by the constable, or the return of the warrant that he 
can not be found, such justice shall proceed to hear and determine 
said complaint. The rules of evidence both before the justice and in 
the circuit and superior courts shall be the same as in civil cases. 

6880. (E. S. 1401.) Binding over. — 6. If the justice, on hearings 
adjudges that there is probable cause for the prosecution, he shall, if 
such defendant is in custody, require him to enter into a bond in the 
penal sum of one thousand dollars, with at least two good freehold 
sureties resident in the county, payable to the state of Indiana and 
conditioned that he will appear on the first day of the next term of the 
court wherein the prosecution is pending, to answer such complaint,, 
and not depart without leave until the final disposition of said prose- 
cution and abide the judgment and orders of such court, or failing 
therein he will pay such sums of money and to such persons as may 
be adjudged by such court, and shall transmit such bond, together 
with a certified transcript of his proceedings and the other papers in 
the cause, to the clerk of the circuit or superior court of the proper 
county. And if such defendant shall fail to give such bond, such 
justice shall commit him to jail until discharged by law. Such bond^ 
or any bond given by said defendant on any continuance or arrest, 
may be put in suit for a breach thereof by the relator, in the name of 
the State of Indiana, for his benefit, and the measure of recovery on. 
said bond shall be the amount of any judgment the relator recovered 
in the original prosecution, and all costs therein, or in case the origi- 
nal prosecution has not yet been tried, then the amount the relator 
can show he would have been entitled to recover and all costs therein 
and all costs in the suit on the bond. 

6881. (E. S. 1402.) Discharge from Jail. — 7. Any person commit- 
ted to jail for failure to give such bond may be discharged from cus- 
tody by filing, at any time after such commitment, such bond with the 
clerk, and with his approval; and a certificate thereof by the clerk to 
the sheriff or jailor shall be sufficient to authorize him to discharge 
said defendant from custody. 

6882. (E. S. 1403.) Procedure.— 8. The trial and continuance of 
such prosecution, both before the justice and the circuit or superior 
court, shall in all respects herein not otherwise provided be governed 
by the law regulating civil suits, except that in trials before justices, 
no jury shall be allowed. 

6888. {E.S.1404.) Continuance. — 9. A continuance for cause may^ 
be granted to either party both in the circuit or superior courts, and 
before the justice, and upon the justice granting such continuance ta 
the defendant a like bond shall be required of him as is required in the 
sixth section for his appearance before the justice instead of the circuit 
or superior court on the day to which the cause is continued or com- 
mit him to jail for failure to give such bond; and such defendant may 
be discharged from custody in the same manner as in the seventh sec- 
tion provided. 



§ 6334 ELECTIONS. 58 

6334. (E. S. 1405. Trial in absence of defendant.—- 10. If the de- 
fendant shall not have been arrested, or has escaped after arrest, such 
trial shall proceed in his absence, and if it be adjudged that there is 
probable cause for such prosecution the justice shall transmit the papers 
and a transcript of such judgment and proceedings without delay to the 
clerk of the circuit or superior court of the proper county, who shall file 
and docket the same for trial; and such cause shall be heard and deter- 
mined whether the defendant appear or not, the same as if he were 
present. When no arrest has been made notice by publication in a 
newspaper may be given the defendant as in other civil cases in the 
circuit or superior court. 

6335. (E. S. 1406.) Transcript— Lien.— 11. The filing of such 
transcript as in sections 6 and 9 provided and the filing the complaint 
with the clerk as in section 3 in this act provided shall operate from 
the time of such filing as a lien upon the real estate of such defendant 
in the county to the extent of the judgment which may afterward be 
rendered against him in such prosecution; and such judgment shall 
have the same effect and lien as if rendered at the time of such filing; 
and such lien shall be declared in such judgment. 

6336. (E. S. 1407.) Costs— Judgment— Stay.— 12. If the finding 
of the circuit or superior court or the jury trying the cause is for the 
defendant he shall recover a reasonable attorney's fee, costs against the 
relator, and be discharged; if the finding is for the plaintiff the state 
shall recover judgment against the defendant in the sum of three hun- 
dred dollars for the use and benefit of the relator, a reasonable fee for 
his attorney in said prosecution, and all costs; and the court shall 
require of such defendant, if he be in custody, to replevy such judg- 
ment by good freehold surety, the length of stay to be six months from 
the date of the judgment, or in default thereof shall commit such de- 
fendant to jail to remain until discharged by law. 

6337. (E. S. 1408.) Execution. — 13. Execution may issue on such 
judgments whenever any amount remains unpaid on the same, and 
shall be executed without relief from valuation and appraisement laws. 

6338. (E. S. 1409. ) Contracts. — 14. Any and all contracts and agree- 
ments made for the purpose of evading the provisions of this act shall 
be absolutely void. 

6339. (E. S. 1410.) Laws repealed.— 15. All of sections 1, 2, 3 
and 5 of an act entitled ''An act to protect the ballot box, to procure fair 
elections, to prevent the purchase or sale of votes, to provide means of 
proving such offenses, prescribing the punishment therefor, '' and re- 
pealing sections 268 and 269 of ''An act concerning public offenses 
and their punishment, '' approved April 14, 1881, being sections 2184 
and 2185 of the revised statutes of 1881, approved March 18, 1885, 
except so much thereof as makes the mere offer to hire or buy any per- 
son to vote or refrain from voting a criminal offense; and all laws and 
parts of laws in conflict with the provisions of this act are hereby re- 
pealed. 



SEC. 




SEC. 


^340. 


When chosen. 


6348. 


€341. 


Notice— How and by whom given. 


6347. 


€342. 


Certificate to marshal. 




€343. 


Return-distriots . 


6348. 


€344. 


Duty of governor. 


6349. 


€345. 


Affidavit of marshal. 


6350. 



ELECTORS— PRESIDENTIAL. 

Deputy marshals — Vacancies. 
Duties of marshal and secretary of 

state. 
Meeting of electors — Vacancies. 
Vote of electors. 
Pay of electors and marshals. 

[1 R. S. 1852, p. 516. In force May 6, 1853.] 

6340. (4769.) When chosen. — 1. The qualified electors of the state 
•shall, on Tuesday following the first Monday in November, in the year 
1852, and on Tuesday following the first Monday in November in every 
fourth year thereafter, elect electors of president and vice-president of 
the United States; which election shall, in all respects, be governed 
by the law regulating general elections. 

The states have exclusive power to determine the manner of choosing electors, and 
they may be selected from districts, but congress has power to determine the time of 
the appointment of electors and when they shall meet. McPherson v. Blacker, 146 
U. S. 1. 

6341. x4770.) Notice — ^How and by whom given. — 2. The sheriff 
of each county shall give notice of the time of holding such elections, 
together with the number of electors to be elected, by publishing such 
notice in some newspaper within the county, or by written or printed 
notices to be set up at the usual places of holding elections in the re- 
spective townships, at least twenty days preceding the time of holding 
such elections. 

6842. (4771.) Certificate to marshal. — 3. Boards of elections in 
the several townships or precincts shall make out certificates, under 
their hands, certifying, in words, the number of votes that each per- 
son received for elector; and the same shall be attested by the clerks 
of said election, sealed in the presence of such judges, and put into 
the hands of the selected judges, who shall, on the ensuing Thursday, 
deliver the same to the clerk of the circuit court, or, in his absence, to 
his deputy, or, in their absence, to the sheriff, who shall, in the pres- 
ence of such judges in attendance, between the hours of twelve and 
six, of said day, compare the different returns, and make out, in words, 
a certificate of the number of votes each candidate for elector received 
in the county; which certificate shall be signed by the clerk, deputy 
or sheriff ofiiciating, and be sealed with the seal of the circuit court of 
the county, and delivered by such clerk, deputy or sheriff to the mar- 
shal appointed to convey the same to the seat of government. 

(59) 



§ 6343 ' ELECTORS PRESIDENTIAL. QO 

6343. (4772.) Eeturn-districts. — 4. Each congressional district, 
shall compose one return-district, and shall be numbered as the dis- 
tricts are numbered when the votes are taken. 

6344. (4773.) Duty of governor. — 5. The governor shall, before 
the first day of October in each year in which such election is to be 
held, appoint some citizen in each district as marshal, who shall hold 
his office until the duties required of him by this act are performed. 

6345. (4774.) ASidavit of marshal. — 6. Each marshal, before the 
first Monday in November following, shall make an affidavit on the 
back of his appointment that he will, without fraud or delay, perform 
the duties required of him by this act. 

6346. (4775.) Deputy marshals — Vacancies. — 7. Such marshals 
may appoint deputies, who shall make the same affidavit on the back 
of their appointment as is required of marshals; and vacancies occur- 
ring in the office of marshal, by removal from the state or otherwise, 
shall be filled by the judge of the circuit court of the county in which 
such marshal resided. 

6347. (4776.) Duties of marshal and secretary of state. — 8. Each 
marshal or his deputy shall visit the county seats of the counties in 
his district, receive the returns thereof from the clerks, deputies or 
sheriffs officiating, and deliver the same, on the fourth Monday in 
November following, between the hours of nine and eleven of said 
day, to the secretary of state, who, in presence of the governor and all 
the marshals in attendance, between the hours of twelve and six o'clock 
on said day, shall compare such certificates and read aloud the num- 
ber of votes each person has received, and make out an abstract of the 
persons voted for, and the number, in words, of votes given to each; 
and the governor shall forthwith make out and transmit, by mail, to 
the persons having the highest number of votes, certificates of their 
election. But if more than the number of persons to^be elected have 
the greatest and an equal number of votes, then the election of those 
having an equal number of votes shall be determined by lot, drawn 
by the secretary of state in the presence of the governor and marshals. 

6348. (4777.) Meeting of electors— Vacancies. — 9. Such electors 
shall assemble in the chamber of the house of representatives, on the 
first Monday in December, or such other day as may be fixed by con- 
gress to elect such president and vice-president, at the hour of ten 
o'clock A. M., and the governor shall then and there deliver to the 
electors present a certificate of the names of all the electors; and if any 
elector fail to appear before eleven in the morning of said day, the 
electors present shall, by ballot, by a majority of all present, fill such 
vacancy; which election shall be forthwith certified by a majority of 
the electors to the governor, who shall immediately notify such per- 
son of his election. 

By act of congress of February 3, 1887, Vol. 24, U. S. Stat.-at-Large, p. 373, and Supp. 
of U. s. Stat., Vol. 1, 1874-1891, p. 527, it is provided as follows: That the electors of 
each state shall meet and give their votes on the second Monday in January next fol- 
lowing their appointment, at such place in each state as the legislature of each state 
shall direct. 



61 ELECTORS PRESIDENTIAL. § 6349' 

Such statute also provides for certifying the result of the voting and prescribes the 
duties of all persons connected therewith. 

6349. (4778.) Vote of electors. — 10. Such electors when so as- 
sembled, and such vacancies are so filled, shall then and there proceed 
to vote, by ballot, for president and vice-president of the United States, 
and perform the duties required by the constitution and laws of the 
United States. 

6850. (4779.) Pay of electors and marshals. — 11. The compensa- 
tion of such electors and marshals shall be audited by the auditor of 
state, and paid by the state treasurer out of any moneys not otherwise 
appropriated, as follows, to wit: Such electors as attend shall receive 
the same per diem and mileage as members of the general assembly; 
each marshal shall be allowed ten cents for every mile he shall travel 
in collecting said returns, and in going to and from the seat of gov- 
ernment, to be computed by the nearest and most usual route from 
county seat to county seat, and to the seat of government to and fronr 
the county seat of the county in which he resides. 



ELECTION LAW INDEX. 

(REFERENCES ARE TO SECTIONS.) 

SECTION 

ADJOURNMENTS— 

Of elections forbidden 6265 

Forbidden in recounting 6298 

AFFIDAVITS— 

For party challenged 2331, 6237 

Crime in making false 6232, 6239 

Election sheriffs arresting on 6212 

Challenger may make 6237 

Forms for those in challenges 6237 

Arrest of illegal voter on 6238 

Made on election day to be preserved 625^ 

Of marshal 6345 

ALTERING RETURNS— 
A crime '. 2335 

APPEALS— 

To Circuit Court in election contests 6318 

To Supreme Court in election contests 6324 

ARREST— 

Y^Then electors free from 93, 6198 

By election sheriffs 6212 

Of person guilty of bribery 6327 

Of illegal voter 6238 

ASSESSORS— 
Time for electing , 6290 

AUDITOR OF COUNTY— 
See County Auditor. 

AUDITOR OF STATE— 
Warrant to pay for state ballots „ 6225 

BAIL— 
For person charged with bribery j 6327 

BALLOT— 

Elections shall be by 94 

Destroying, a crime 2334, 2343 

Crime to open or mark ballot packages _ 2338 

Offlfeers not to disclose contents of 6204 

State board distributing 6213 

County board of election commissioners distributing 6214 

N^^paes of candidates on 6215 

Pet^ion to get names on 6215- 

(63) 



64 ELECTION LAW INDEX. 

(beferencbs are to sections.) section. 

Device to be used on 6215 

Name on but once .6216 

Order of printing names of candidates 6219 

Omitting declining candidates therefrom 6220 

Form of 6222 

Color of 6222 

Order of placing tickets on 6222 

l^hen pasters may be used 6223 

Replacing destroyed or lost ...6225 

Packages to be sealed 6225 

Number to be provided 6225 

bounty clerk distributing -.6225 

Crime for board to allow them to be taken 6227 

Orime to remove 6228 

Delivering packages to inspector 6229 

To be in sealed packages 6229 

Initials of poll clerks on 6230 

Inspector opening packages of '. 6230 

:Effect of loss of - 6234 

"When election board may print 6234 

Preserving and destroying those left over 6235 

Poll clerks delivering to voters 6241 

How voters should prepare 6241 

How to stamp 6241 

Must not have distinguishing marks ' 6241 

How to fold 6241 

Elector delivering to inspector 6241 

Depositing in ballot boxes 6241 

Effect where elector exposes 6241 

Noting exposed on poll-list 6241 

When paster ballots may be used G242 

Mutilation by mistake. 6243 

When poll clerks may prepare 6244 

Crime to remove from election room 6246 

Counting and destroying 6247 

Order of canvassing 6248 

What ones should not be counted 6248 

Disputed and protested to be preserved.. 6248 

Destruction after canvass over 6248 

Inducing elector to put distinguishing mark on is a crime 6252 

Elector must not show 6256 

Who may receive from elector 6256 

How to prepare for vote on constitutional amendment 6258 

For city and town elections 6261 

Inspector has care of after canvass 6268 

For township elections 6291 

How preserved after recounting .6298 

BALLOT BOXES— 

A crime to break open 2333 

Removing ballot from a crime 2334 

Seizing a crime 2342 



ELECTION LAW IJ^DEX. 65 

(befekences are to sections.) section. 

A crime to destroy .....2343 

County commissioners furnishing 6207 

Two locks on 6207 

Inspection of 6208 

Who keeps keys of 6208 

Depositing ballots in 6241 

Depositing with township trustee „ 6269 

For township elections 6291 

BALLOT PACKAGES - 

Noting condition of seals on 6248 

Crime to open or destroy 6250 

BETTING ON ELECTIONS— 

Penalty for 6197 

Disqualifies for service on election board 6200 

BOARDS— 

See Board of Canvassers; County Commissioners; County Board of Election 
Commissioners; State Board of Election Commissioners; Election Board. 

BOARD OF CANVASSERS— 

Who are members of 6270 

When shall meet 6270 

Officers of 6271 

Duties of 6272 

Certificate of result of election 6273 

Duty, where papers defective 6275 

BOARD OF ELECTION— 
See Election Board, 

bond- 
To secure recount „: 6295 

In bribery cases „ 6330 

BOOTHS— 

Construction of 6238 

How long electors may remain in .6243 

Number allowed in 6243 

Crime to tear down or remove 62:5 

Voters to occupy 6241 

BOUNDARIES OF PRECINCT— 

Change of 6199 

BRIBERY— 

For nomination, a crime 2327 

At primary election 2327 

Penalty for bribing elector 2328 

As ground for challenge 2331 

To procure election 2348 

Civil liability for 6325, 632-6 

Arrest and bail 6327 

Warrant for from Justice of the Peace 6328 

Proceeding before Justice of the Peace in 6329 6330 

Binding over party charged 6330 



66 ELECTION LAW INDEX. 

(keperences abb to sections.) section. 

Discharge from jail 6331 

Procedure in 6332 

Continuance 6333 

Trial in absence of defendant 633'£ 

Filing transcript in 6335 

Judgment in iien on real est|;te 6335 

Costs, judgment and stay in 6336 

Execution on judgment in 6337 

Effect on contracts 633S 

Laws repealed 6339' 

CANDIDATES- 

Not to be related to members of election board , 6200-, 

Names on ballots 6215 

How names of shall be printed 6216> 

Order of printing names. 6219 

Effect of declination of 6220 

Nomination to fill vacancy 6223 

Death, removal or resignation of 6223 

When may have recounting 6294 

Rigiit to be present at recounting 6296 

CANVASSING VOTES— 

Duty of board in reference to 6248- 

Persons allowed in room during ~ 6248 

Order of - 6248 

In township election 6292 

CERTIFICATE— 
Board of canvassers preparing 6273 

CERTIFICATE OF CLERK— 
Of officers to be elected :- 6190 

CERTIFICATE OF ELECTION- 

When county clerk shall make out - 6276 

Of Legislatori! 6279 

Sending to Secretary of State 628L 

In township elections 6293. 

By Circuit Court after trial of contest 6319^ 

CERTIFICATE OF JUDGES— 
Duty in reference to 626T 

CERTIFICATES OF NOMINATION— 

How and when filed 6218 

To be preserved - ^217 

Crime to file false, ^ ^24^ 

Crime to deface • 6249 

CERTIFICATE OF RECOUNT— 
How shall be made out - 629T 

CHALLENGE— 

Bribery as ground for ...2331 

What voter shall do when made '- 62oT 

Affidavits on • ^^37 



ELECTION LAW INDEX. 67 

(BBFEBBNCES ABB TO SECTIONS.) SECTION. 

CHALLENGE WINDOW— 
Who may stand near 6237 

CHALLENGEEr- 

Standing at chute 6212 

Compensation of 6212 

Elector announcing name to 6236 

Where may stand 6237 

May make affidavit 6237 

CmTTE— 

County commissioners providing 6236 

Order in which voters shall enter 6237 

Poll book holder standing at 6212 

CIRCUIT COURT— 

Appeals to in election contests 6318 

Duty in appeals ih election contests 6319. 

CITIES— 
When polls shall open in ^ 6209^1 

CITY BOARD OP ELECTION— 
Duty of 6261 

CITY CLERK— 
Duty in city elections „ 6261. 

CITY ELECTIONS— 

Duty of city clerk 6261! 

When and how held 6261 

CLERK— 

See County Clerk; Poll Clerks. 

COMMISSIONERS— 
Appointing to take testimony in election contest : 6322 

commissions- 
How right to affected by defective returns 6277 

COMPENSATION— 

Of election sheriffs „ 6212 

Of challenger _..6212 

Of poll book holder 6212 

Of state board of election commissioners ...6213 

Of county board of election commissioners 6214 

Of county eierk for procuring state ballots 6226 

When inspector not entitled to 6232 

Of special messenger 6232 

Of election officers 6285 

Of reeounting commissioners 6298 

Of presidential electors and marshals 6350 

CONGRESS— 

Power over elections 4, 45 

Power to provide penalties ..^ 4 

CONGRESSMEN— 
Secretary of State canvassing vote for 6283 



68 ELECTION LAW INDEX. 

(BEFERBNCHS ARE TO SECTIONS.) SECTION. 

CONSTABLES— 
Time for electing 6290 

CONSTITUTIONAL AMENDMENT— 

Secretary of State certifying proposed to county clerk 6221 

How to vote on 6241, 6258 

CONSTITUTIONAL PRO VISIONS— 

As to elections ! 4, 44, 45, 83, 84 

As to qualifications of electors 84 

CONTESTS OF ELECTION— 

For State offices 6299-6313 

^Who may contest 6299 

^Notice of 6301 

Committee to try 6302 

JPower of committee appointed to try 6302 

Contesting seat of legislator 6303 

Depositions in 6304 

Notice to contestee , 6305 

Powers of Justices of the Peace 6306 

Meeting and duty of Justices of the Peace 6308 

Duty of county clerk 6309 

Duty of Secretary of State ., 6310 

Depositions, may be used _ 6311 

For local offices 6314-6324 

Causes for 6312 

When election not set aside 6313 

N'otice by auditor to clerk 6315 

Notice to county board and contestee 6316 

Subpoenas to be issued by auditor 6317 

Trial of 6317 

Appeal to Circuit Court 6318 

Duty of Circuit Court on appeal 6319 

Voters .compelled to testify 6320 

Fees and costs in 6321 

Appointing commissioner to take testimony in 6322 

Contest for municipal offices 6323 

Appeal to Supreme Court in 6324 

CONTINUANCE— 

May be granted in bribery cases - 6333 

CORPORATIONS— 

Allowing employes time to vote 6240 

COSTS— 

In election contests , 6321 

In bribery casee ■ - ^^^^ 

COUNTER AFFIDAVIT— 
Where challenge is made • ^^^' 

county- 
How long elector to reside in ^^5 ^^^^ 



ELECTION LAW INDEX. 69 

(repbbbnces are to sections.) section. 

COUNTY AUDITOR— ' ■ 

Furnishing forms 6203 

Notice by of opening of polls 6209 

Filing statement of contest with 6314 

Notifying county clerk of election contest 6315 

Issuing subpoenas in election contest _ 6317 

Fees in election contests 6321 

COUNTY BOARD OF ELECTION COMMISSIONERS— 

Who constitutes 6214 

Distributing ballots 6214 

No compensation ^ 6214 

Duties of 6215 

Selecting device for ballot 6222 

Color of ballot prepared by them 6222 

Crime to allow ballots to be taken 6227 

Duty as to instructing voters 6231 

Employing special messenger 6232 

COUNTY CENTRAL COMMITTEE— 

Naming judges .' 6200 

Naming poll clerks 6202 

Nominations by chairman of 6214 

COUNTY CLERK— 

Certificate of as to election 6190 

Publication by ...6191 

Duty of 6191 

Appointing election commissioners 6214 

Preserving petitions and certificates of nomination 6217 

Governor certifying nominations to 6219 

Duty to procure state ballots _ 6225 

Duty to distribute ballots 6225 

Compensation for procuring state ballots 6226 

Delivering ballots to inspector 6229 

Crime to open or destroy ballot packages 6250 

Inspector delivering affidavits to 6259 

Delivering returns to 6266 

Duty to keep ballots after return made 6269 

As clerk of board of canvassers 6271 

Preserving records of board of canvassers 6272 

Certifying tie vote 6274 

When shall make out certificates of election 6276 

Certificate to Secretary of State 6281 

Duty as to election of Governor 6284 

Duty as to recounting , 6296 

Giving notice of election contests 6305 

Duty in election contests 6309 

Auditor notifying of election contest 6315 

Fees in election contests 6321 

COUNTY COMMISSIONERS— 

Right of elector to mandate 6198 

Fixing precincts 6198 



70 ELECTION LAW INDEX. 

(RBFEBENCES ABB TO SECTIONS.) SECTION.. 

When appoint inspectors 6201 

Furnishing ballot boxes 6237 

Compensating election sheriffs t. 6212 

Providing chute : ^. . 6236 

Providing room for holding election 6236 

Notice to of election contest 6316 

Powers of in election contests .6317 

Trial of election contest 6317 

COUNTY ELECTIONS- 
General election law applicable to 6260 

COUNTY offices- 
How contest of election for made 6314 

COUNTY SEAT— 
Election to re-locate 2344, 234T 

COUNTY SHERIFF— 

See Sheriff ; Election Sheriffs. 

CONVENTIONS— 
Preparing certificates of nomination „ 6215 

CRIMES— 

Selling liquor on election day , 2194 

Druggist selling liquor on election day 2195 

Voting in wrong precinct 2325 

Illegal voter offering to vote 2322 

Non-resident voting 2324 

Importing voters 2325 

Voting more than once „ ...2326; 

Bribery for nomination 2327 

Bribery of elector 232a 

Seeking to influence voters 2329 

Influencing elector to refrain from voting 2330 

False affidavit 2332 

Breaking ballot box 2333 

Breaking locks on ballot box 2333 

Breaking seals on ballot box 2333; 

Altering returns 2333, 2335 

Fraud by election officer 2334 

Refusing to receive vote 2336 

Officer persuading voter 2337 

Officer opening or marking ticket 2338^ 

Deceiving illiterate voter 233^ 

Defrauding voter 2340 

Using violence, threats or restraint 2341 

Seizing ballot box 2342 

Destroying ballot box or ballots -i 2345 

Inducing voter to re-sjgn petition 2344 

Selling signature to petition 2345 

Fraud at special election 2346 

Buying vote at special election 2347 

Bribing to procure election 234& 



ELECTION LAW INDEX. 71 

Cbefebbnces are to sections.) section. 

Printer giving away ballots 6224 

Permitting ballots to betaken ...„ 6227 

Inspector failing to appear 6233 

' Making false affidavits 6239 

Refusing employes time to vote 6240 

Employer intimidating employe 2341 

Destroying poll-book 2343 

PorpoU clerks to deceive elector.: 6244 

Putting marks on ballot ,6245 

Removing ballot from election room 6246 

Defacing or destroying certificate or petition of nomination 6249 

Piling false certificate or petition of nomination 6249 

To print imitation ballot 6249 

Opening or destroying ballot packages : : 6250 

Attempting to enter election room 6251 

Remaining too close to polls 6251 

Inducing elector to place distinguishing mark on ballot 6252 

Revealing how elector voted 6253 

Inducing members of board to violate act 6254 

Removing or destrojang election conveniences 6255 

Violation of duty by officer 6257 

DEATH— 

Of candidate 6^ 

DECLINATION OF NOMINEE— ^. 

Effect of 6229 

DEFECTIVE RETURNS— 

Effect of _ : '. 6277 

DEPOSITIONS— 

In contests of election ^ 6304 

Reading in election contests 6311 

DEPUTY MARSHALS— 

Marshals may appoint - 6346 

DESTROYED BALLOTS— 

Provision for replacing 6225 

DISCLOSING VOTE— 

Crime for election officer to disclose vote .,... 6256 

DISFRANCHISEMENT— 

For infamous crime 89 

Imprisonment constituting 6193 

For importing voters 2325 

DISPUTED BALLOTS— 

Inspector to preserve 6248 

DISTINGUISHING MARKS— 

Ballot must not have 6241 

On paster ballots ■_ 6242 

Ballot having is void 6245 

Ballots having not to be counted 6248 

Crime to induce elector to put on ballot ., 6252 



72 ELECTION LAW INDEX. 

(beferbnces akb to sbctioks.) section r 
DRUGGIST— 
Selling liquor on election day , 2195 

ELECTION BOARD— 

Eligibility to 6200 

Who constitutes 6200, 6201 

Filling vacancies in 6201 

Electors electing 6201 

Appointing poll clerks 9202 

Inspector is chairman of 6206 

When may print ballots 6234 

Preserving and destroying ballots left over 6235 

When may call interpreter 6241 

Destroying ballots after canvass over 6248 

Member protesting ballots 6248 

Duty as to canvassing votes 6248 

Must preserve affidavits 6259 

Inducing it to violate law = 6254 

Duty of 6264 

Meals to be furnished 6266 

Effect of misconduct * : 6313- 

Certificate of vote of presidential electors 6342- 

BISECTION CONVENIENCES— 
Crime to remove or destroy 6255 

ELECTION DAY— 

Selling liquor on 2194 

Druggist selling liquor on 2195 

Work limited and prohibited on 6240 

Is legal holiday 6262; 

ELECTION JUDGE— 

Refusing to receive vote 233S 

Inspector removing 6200 

Chairman county central committee naming 6200 

Qualifications of 6200 

Inspectors appointing 6200, 6201 

Duty to take oath 6204 

Administering oath to inspectors 6205 

Inspecting ballot boxes 6208 

Effect of misconduct of 6313 

Crime to refuse to receive vote _ 2336, 

Receiving and depositing ballots 6241 

Duty as to marked ballots 6245 

Viewing ballots on canvass of votes 6248 

When can not vote '. 6264 

Certificate of 626T 

As members of board of canvassers 6271 

Compensation of 6285 

ELECTION OFFICER— 

When crime to open or mark ticket 2333 

Fraud by 2334 



ELECTION LAW INDEX. 73 

(references are to sections.) section. 

Crime to persuade voter 2337 

Compensation of ~ 6285 

ELECTION ROOM— 

Liquors must not be sold in 6236 

Arrangement of 6236 

Location of booths .- 6236 

County commissioners providing 6236 

Admitting elector to 6241 

How voter shall leave 6241 

Number of voters to be allowed in 6241 

Persons to be allowed in 6243 

Crime to remove ballot from ...„ 6246 

Persons allowed in during canvass of vote 6248 

Crime in attempting to enter 6251 

ELECTION SHERIFFS— 

Compensation of 6212 

Making arrests 6212 

Duties of 6212 

Appointment of ..6212 

Arresting illegal voter 6238 

ELECTIONEERING— 
OflScers of election not allowed to 6256 

ELECTORS— 

See Voters; Presidential Electors. 

emblem- 
To be used on oallots 6215 

employe— 

Employer intimidating 2341 

Must be allowed time to vote 6240 

ENGLISH— 
Voter unable to read 6244 

EXECUTION— 
On judgment in bribery case 6337 

EXPOSED BALLOTS— 
Noting on poll list 6241 

FALSE AFFIDAVIT— 
Crime in making 2332, 6239 

FEES— 

In election contests 6321 

See Compensation. 

FELONY- 

Working disfranchisement 6193 

For printer to give away ballots 6224 

Board allowing ballots to be taken 6227 

To remove ballots 6228 

Poll clerk falsely marking ballot 6244 



74 ELECTTON^ LAW IJs^DEX. 

(KEFERENCE3 ARE TO SECTIONS.) SECTION. 

PORFEITURE— 

For betting on election .= ; 6197 

PORMS— 

Auditor furnishing to inspectors 6203 

For affidavit on challenge 6237 

For paster ballots 6242 

FRAUD— 

By election officer 2334 

At special election 2346 

FREEHOLDER— 

When judge shall be 6290 

When inspector must be 6201 

GOVERNOR— 

Appointing state board of election commissioners 6213 

Filing certificates and petition of nominations with 6215 

Perserving petitions and certificates of nomination 6217 

Certifying nominations to county clerk 6219 

Declining candidates not to be certified 6220 

Duty to appoint marshal 6344 

Duty of county clerk as to election of 6284 

Ordering special elections 6287 

GRAND JURY— 
Examining election affidavits 6259 

HOUSE OF REPRESENTATIVES— 

Speaker receiving vote for Governor 6284 

HOUSEHOLDER— 

When inspector must be , 6201 

ILLEGAL VOTER— 

Crime by voting 2322 

Crime by offering to vote 2322 

Arrest of 6238 

ILLEGAL VOTES— 

Contesting election on account of 6312 

ILLITERATE VOTER— 

Crime to deceive 2339 

IMITATION BALLOT— 
Crime to print : 6249 

IMPORTING VOTERS— 

A crime 2325 

INCORPORATED TOWNS— 

When polls shall open in 6209 

INFAMOUS CRIME— 

Disfranchisement for • 89 

INITIALS— 

Of poll clerks on ballots ^230 

Must show after ballot folded - 6241 



ELECTION LAW INDEX. 75 

(references are to sections.) section. 

INK PADS— 

State board furnishing 6225 

INSPECTOR— 

Crime to refuse to receive vote 2336 

Township trustee as / 6200 

Appointing judges 6200 

Removing judges 6200, 6201 

Pilling vacancies in election board 6201 

Qualifications of .* 6201 

When board of commissioners appoint 6201 

Receiving forms, papers, etc 6203 

Duty to take oath 6204 

Administering oaths to judges 6205 

Duties of , 6206 

Chairman of board 6206 

Administering oath to clerks 6206 

Inspecting ballot boxes 6208 

Opening and closing polls 6209 

Authorizing person to receive ballots 6229 

Delivery of ballots to 6229 

Opening ballot packages 6230 

Preserving seals on ballot packages 6230 

Posting instruction cards 6231 

Tailing to call for ballots 6232 

When not entitled to compensation .* 6232 

Crime to fail to appear 6233 

Reporting loss of ballots 6234 

Elector delivering ballot to 6241 

Receiving and depositing ballots 6241 

Duty as to marked ballots 6245 

Tiewin^ ballots on canvass of vote 6248 

Preserving disputed ballots 6248 

Crime to open or destroy ballot^packages 6250 

Heturning aff davits to county clerk 6259 

When cannot vote 6264 

Care of ballots and papers after canvass 6268 

Oath to election return 6268 

Depositing ballot boxes with township trustee 6269 

Constituting member of board of canvassers 6271 

Compensation of 6285 

Duty in township elections 6292 

INSTRUCTION CARDS— 

Inspector posting 6231 

Who prepares _6231 

Language and form of...: 6231 

Crime to tear down 6255 

INSTRUCTION OP VOTERS— 

By poll clerks 6241 

See Instruction Cards. 

INTERPRETER— 

When board of election may call 6241 



76 ELECTION LAW INDEX. 

(references are to sections.) section. 

INTOXICATING LIQUORS— 

Crime to sell on election day 2194 

Druggist selling on election day ....'. 2195 

Election not to be held in room where they are sold 6236 

Not to be furnished to election board „ 6266 

JAIL— 
Discharging defendant from in bribery cases ; „ 6331 

JUDGES— 

See Election Judges 

JUDGMENT— 
In bribery cases 6336 

JUSTICES OF THE PEACE— 

Duty in election contests 6304, 6306, 6308 

Taking illegal voter before on arrest 6238 

Time for electing 6290 

Fees in election contests 6321 

Warrant for persons guilty of bribery 6328 

Proceedings before in bribery cases 6329, 6330 

KINSHIP- 
Disqualifying election ofiBcer 6200 

LEGAL HOLIDAY— 
Election day is ^ 6262 

LEGISLATORS— ' 

Certificate of votes for 6278 

Certificates of election of 6279 

Effect of tie vote for : 6280 

How to contest seat of 6303 

LEGISLATURE— 
Providing for election of senators and representatives 4 

LIEN— 
On real estate in bribery cases 6335 

LIQUOR— 

See Intoxicating Liquors. 

LOCAL OFFICES— 

Contest for 6314, 6324 

LOCKS— 

Crime to break those on ballot box 2333 

On ballot boxes 6207 

LOSS OF BALLOTS— 

Report of „ 6234 

Board giving new supply 6234 

Provision for replacing ^ 6225 

MANNER OF VOTING— 
Duty of poll clerks to explain 6241 

marine- 
No right to vote ■ 85, 6194 



ELECTION LAW INDEX. 77 

(REFERENCES ARE TO SECTIONS.) SECTION. 

MARSHAL— 

Duty in Presidential elections , 6342, 634T 

When Governor shall appoint 6344 

Affidavit of 6345 

Appointing deputies 6346 

Pay of , 6350 

MEALS— 

Who pays for 626e 

Furnishing to election board 6266 

MESSENGER— 

See Special Messenger. 

MISDEMEANOR— 
Working disfranchisement 6195 

MUNICIPAL OFFICES— 
Contest for '. 6323 

MUTILATED BALLOTS— 

Poll clerks destroy 624a 

Not to be counted : 6248 

NATURALIZATION— 
As affecting right to vote 84 

NOMINATION— 

Bribery for a crime 2327 

Certificates of „ 6215 

Chairman of political organization making 6225 

NON-RESIDENT— 
Crime by voting 2325 

NOTICE— 

Sheriff giving of election 6191 

Of change of boundaries of precinct 6199 

Sheriff giving of special election 6288 

Of contest of election 6301 

By auditor to clerk of election contest 6315 

To contestee of election contest 6316 

Of election of presidential electors 6341 

OATH— 

Officers to take 6204 

Who administers to election officers 6205 

Power of inspector to administer 6206 

Of inspector on return of vote........ 6268 

OFFICERS— 

Oath of 6204 

Not allowed to electioneer 6256 

OFFICES— 
To be filled at general election 6190 

PAPERS— 

Inspector has custody of after the canvass 626S 



78 ELECTION LAW INDEX. 

(references are to sections.) section. 

PASTER BALLOTS— 

Style for printing 6242 

Forms for 6242 

When may be used 6242 

PASTERS— 

When may be used 6223 

PENAL OFFENSES— 

See Crimes. 

PENALTIES— 

Power of Congress to provide 4 

For bribery for nomination 2327 

For bribing elector 2328 

See Crimes. 

PERJURY— 

In making false affidavits 6239 

PETITIONS— 

To get names on ballot 6215 

PETITIONS OF NOMINATION— 

Requisites of 6216 

To be preserved 6217 

How and when filed , 6218 

Crime to deface or mutilate 6249 

(!!rime to file false 6249 

PHYSICAL disability- 
How affects voter's rights 6244 

POLLS— 

When to open and close 6209 

Opening and closing in cities and towns 6209 

Keeping people away from 6212 

Posting sample ballots at 6231 

Posting instruction cards at 6231 

Who may stand near 6237 

Crime to remain too close to 6261 

POLL BOOK— 

A crime to alter , 2333 

Crime to destroy ,. 2343 

POLL BOOK HOLDER— 

Compensation of 6212 

Standing at chute 6212 

Where may stand 6237 

POLL CLERKS— 

County central committee naming j 6202 

Election board appointing 6202 

Inspector administering oath to 6206 

Duty to put pasters on tickets 6223 

Duties of 6230 

Inspector delivering ballots to 6230 



ELECTION LAAV^ INDEX. (9 

(heferbnces are to sections.) section. 

Writing initials on ballots 6230 

Voter announcing name to 624.1 

Delivering ballots to voter 62-41 

Delivering stamps to voter 6241 

Explaining manner of voting 6241 

Custody of stamps - 6241 

Destroying mutilated ballots 6243 

TVTienmay prepare ballots 6244 

Crime to deceive elector 6244 

Making memoranda of condition of seals 6248; 

Electors must receive ballots from 6256 

When can not vote 6264 

Compensation of 6285. 

POLL LIST— ' 

List of exposed ballots 6241 

Noting mutilated and destroyed ballots on 624a 

Canvassing , - 6270^ 

POLLING PLACE— 

See Polls. 

POSTING— 
Notice of election hy _ 6291 

precinct- 
How long elector to reside in S4 

Voting in wrong 2323 

In which elector should vote 6210- 

Elector's residence in 6192 

Number of voters to 6198, 6199 

How formed 6198 

Notice of change of boundaries 6199 

PRESIDENTIAL ELECTORS— 

How chosen g34Q- 

How and by whom notice of election given 6341 

Certificate of election to marshal 6342 

Duty of marshalin reference to election of 6342 6347 

Return districts 6343 

Governor appointing marshal .^ ..6344 

Appointment and affidavit of marshal 6344 6345 

Duties of Secretary of State _ 6347 

Meeting of 6348 

Filling vacancies 6348 

Vote of _ 634<> 

Pay of 6350 

PRIMARY ELECTION— 
Bribery at 2327 

PRINTER— 
Crime to give away ballots 6224 

PROTESTED BALLOTS— 
To be preserved , 624S* 



so ELECTION LAW INDEX. 

(REFERENCES ARE TO SECTIONS.) SECTION. 

PUBLICATION— 

Notice of change of boundaries by 6199 

Notice by of election of presidential electors 6341 

PURITY OF ELECTIONS— 
See Crimes. 

QUALIFICATIONS OF ELECTORS- 
What required 84, 6191 

RAILROAD— 
Election for appropriation to aid 2346, 2347 

HECOUNTING— 

When candidates may have 6294 

Proceedings to obtain ^ 6295 

Order for 6296 

How conducted 6296 

Certificate of '. '. 6297 

Adjournments forbidden „ 6298 

REGISTRATION- 
Power to provide for 95 

REPEAL— 

Of former election laws. 6263 

RESIDENCE— 

As affecting right to vote f. 84 

Of soldier, seaman or marine 85, 6194 

How affected by absence of person from country 86, 6195 

As qualification of elector 6192 

RESIDENT HOUSEHOLDER— 

When judge shall be 6200 

RESTRAINT— 

A crime to use , 2341 

RETURNS- 

Crime to alter 2333, 2335 

Duty of inspector in reference to 6268 

RETURN DISTRICTS— 
In election for presidential electors..... .: 6343 

RIGHTS OF VOTERS— 

Power of Congress over , 44 

ROAD SUPERVISORS— 

Time for electing 6290 

SAMPLE BALLOTS— 

Posting at polling place 0231 

Size and form , .-. 6231 

SEALS— 

Crime to break on ballot box 2333 

On ballot packages 6225 

Preserving those on ballot packages 6230 

Noting condition of those on ballot packages 6248 



ELECTION LAW INDEX. 81 

(BBFEBBNCES ABE TO SECTIONS.) SECTION. 

seaman- 
No right to vote 85, 6194 

SECRETARY OF STATE- 

Certifying proposed constitutional amendment 6221 

County clerk sending election certificate to 6277 

Sending certificates of election to 6280 

Duty of 6282 

Duty in election contests 6310 

Duties in reference to presidential electors 6347 

SHERIFF— 

Duty of, in regard to elections 6191 

Posting notice of election _ _ 6191 

Appointing election sheriffs , 6212 

Receiving certificates of votes for legislators 6278 

Receiving writs for special elections 6287 

Giving notice of special election ^ 6288 

Serving subp-oenas in election contest 6317 

Fees in election contests 6321 

Giving notice of election of presidential electors 6341 

See Election Sheriffs. 

soldier- 
No right to vote 85, 6194 

SPECIAL ELECTION— 

Fraud at. 2346 

Crime to buy vote at 2347 

When to be held 6285 

Where there is ti© vote _....6286 

When Governor to order 6286 

Sheriff giving notice of 6288 

How conducted 6289 

SPECIAL MESSENGER— 

Compensation of ] 6227 

County board of election commissioners employing 6232 

Reporting loss of ballots 6234 

Crime to open or destroy ballot packages 6250 

STAMPS— 

State board distributing 6223 

State board of election commissioners furnishing 6225 

Crime to remove .- 6228 

Elector returning to poll clerk 6241 

Poll clerks delivering to voters 6241 

Crime to remove from Section room 6246 

STATE— 

How long elector to reside in 84 

Residence in 6192 

Elector absent on business of 6195 

STATE BALLOTS— 
To be first canvassed 6248 



82 ELECTION LAW INDEX. 

(referenced are to S3CTIONS.) SECTION. 

STATE BOARD OF ELECTION COMMISSIONERS— 

Governor appo-nting 6213 

Nomination of 6213 

Distributing ballots, etc 6213 

Serve for no compensation 6213 

Duties of 6215 

Color of their ballot 6222 

Certifying expenses of state ballots to Auditor of State 6225. 

Furnishing stamps 6225 

Delivering ballots to county clerks 6225 

Employing special messenger 6225 

Crime to allow ballots to be taken 6227 

STATE CENTRAL COMMITEE— 
Chairman nominating election board 6213 

STATE OFFICE— 
Contest for, how made 6299-6313 

STATE OFFICERS— 
Certifying vote for to Secretary of State 628L 

STAY— 
In bribery cases.. : 6336; 

SUBPCENAS— 
Auditor issuing in election contest 631T 

SUPREME COURT— 
Appeal to in election contests 6324 

TALLY SHEET— 

A crime to alter .* 2333 

Noting destroyed ballots on 624T 

Noting disputed and protested ballots '. 624g 

Recording condition of seals in 6248> 

Canvassing........ 6270* 

THREATS— 
A crime to use : 2341 

TICKETS— 
See Ballots. 

TIE VOTE— 

Duty of board of canvassers when there is 6274 

For legislators 6280 

Special election where there is 6286 

In township elections 6292 

TIME— ' * 

For holding elections .^. ...95, 6190 

For opening and closing election .4.-^ 6209 

TOWN BOARD OF ELECTION— 
Duty of - 6261. 

TOWN CLERK— 
♦Duty in town election 6261 



ELECTION LAW INDEX. 83 

(bbfbrences abb to sections.) section. 

TOWN ELECTIONS— 

When and how held 6261 

Duty of town clerk 6261 

township- 
How long elector to reside in 84 

Elector to reside in 6192 

Dividing into precincts 6198 

TOWNSHIP ELECTION— 

Law applicable to 6260 

When held 6290 

Ballots and ballot boxea for .....6291 

Canvassing the vote ' 6292 

Duty of inspector 6292 

Tie vote 6292 

Certificate of election 6293 

TO WNSHi]^ offices- 
How contest of election for made 6314 

TOWNSHIP trustee- 
As election inspector 6200 

i^urnishing meals to election board 6266 

Inspector depositing ballot boxes with 6269 

Time for electing 6290 

Sheriff notifying of election 6191 

TRANSCRIPT— 
Filing in bribery cases 6335 

UNITED STATES— 
Absence on business of 6195 

UNITED STATES REPRESENTATIVES— 
Election of 4 

UNITED STATES SENATORS— 
Election of 4 

VACANCIES— 

Filling in board of election ^ 6201 

Nomination to fill 6223 

Special elections to fill 6286 

In presidential electors, filling 6348 

VIOLENCE— 

A crime to use 2341 

VOTE— 

Refusing to receive 2336 

Crime to buy at special election 2347 

Method of canvassing 6248 

VOTERS— 

Rights of 44 

Qualifications of 84^ 6192 

When free from arrest 94 6196 

Importing a crime 2325^ 



84 ELECTION LAW INDEX. 

(REFERENCES ARE TO SECTIONS.) SECTION. 

Crime in seeking to influence 2329 

Affidavit for challenged 2331 

Illegal offering to vote 2322 

Penalty for bribery of 2328 

Influencing to refrain from voting 2330 

Crime for officer to persuade 2337 

Crime to deceive illiterate 2339 

Crime in defrauding 2340 

Crime to sell vote 2347 

Soldiers, seamen and marines 6194 

Number to precinct 6198, 6199 

When fill vacancy in election board 6201 

Electing board of election 6201 

Whereto vote 6210 

Instructions to 6231 

Showing loss of ballots 6234 

Announcing name to challengers 6236 

Affidavit when challenged 6237 

Duty on entering election room 6241 

Number to be allowed in election room 6241 

Must fold ballot 6241 

Returning stamp to poll clerk 6241 

Handing ballot to inspector 6241 

When may use paster ballots 6242 

Crime to induce to put distinguishing mark on ballot 6252 

Crime to reveal how he voted 6253 

Must not disclose ballot 6256 

Right to contest election 6299 

Order in which to enter chute 6237 

What to do when challenged 6237 

Announcing name to poll clerks 6241 

Poll clerks delivering ballots to 6241 

Use of stamps by 6241 

Preparing ballots in booths 6241 

Exposing ballot 6241 

How shall leave election room 7241 

Unable to read English 6244 

Crime for poll clerks to deceive 6244 

Compelled to testify in election contests 6320 

See Presidential Electors 

VOTING PLACE- 

One in each precinct 6198 

See Polls. 

ward- 
How long elector to reside in 82 

Voting in wrong one 2343 

Elector's residence in 6192 

Witnesses to recount of votes 6296 

WRONG PRECINCT-- 
Voting in , 2323 



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LIBRARY OF CONGRESS 



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